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ENERGY COOP. OF AM., INC. v. LUIGI'S FAMILY BAKERY, INC.

183 CA 18-01655.

170 A.D.3d 1629 (2019)

97 N.Y.S.3d 372

2019 NY Slip Op 02211

Energy Cooperative of America, Inc., Appellant, v. Luigi's Family Bakery, Inc., et al., Respondents.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 22, 2019.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs and the motion is granted.

Memorandum: Plaintiff commenced this action asserting a cause of action of de facto merger based on allegations that defendant Luigi's Bakery Corp. (Bakery Corp.) is liable for a judgment entered in plaintiff's favor against its predecessor, defendant Luigi's Family Bakery, Inc. (Family Bakery). Supreme Court denied plaintiff's motion for...

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