GOOD ENERGY, L.P. v. KOSACHUK


49 A.D.3d 331 (2008)

853 N.Y.S.2d 75

GOOD ENERGY, L.P., et al., Respondents, v. CHRIS KOSACHUK, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 11, 2008.


Since defendant did not convey his shares as part of a larger conveyance of Good Energy as a going concern, but, rather, sold his shares back to the majority shareholder, no issue of "continuity of place" or "continuity of name" is involved, and the "sale of business" rationale is not applicable (see Purchasing Assoc. v Weitz, 13 N.Y.2d 267, 271 [1963]; Titus & Donnelly v Poto, 205 A.D.2d 475

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