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RADIUM2 CAPITAL, LLC v. XTREME NATL. MAINTENANCE CORP.

158086/19. Appeal No. 15173. Case No. 2020-04562.

202 A.D.3d 638 (2022)

159 N.Y.S.3d 853

2022 NY Slip Op 01259

Radium2 Capital, LLC, Formerly Known as Radium2 Capital, Inc., Respondent, v. Xtreme National Maintenance Corp. et al., Appellants, et al., Defendants.

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

Decided February 24, 2022.

Attorney(s) appearing for the Case

Joseph J. Haspel, PLLC, Middletown ( Joseph J. Haspel of counsel), for appellants.

Stein Adler Dabah & Zelkowitz, LLP, New York ( Christopher R. Murray of counsel), for respondent.

Concur—Kapnick, J.P., Gesmer, González, Kennedy, Shulman, JJ.

Plaintiff sufficiently alleged that All About Maintenance Inc. (AAM) and Xtreme completed a de facto merger by alleging that AAM transferred its assets to Xtreme, without adequate consideration, after which Xtreme continued AAM's business, in the same form and at the same address (see Fitzgerald v Fahnestock & Co., 286 A.D.2d 573, 574 [1st Dept 2001]; Herlihy v A.F. Supply Corp., 2013 NY Slip Op 30010[U], *9 [Sup Ct, NY...

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