Kaur v American Tr. Ins. Co.

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Kaur v American Tr. Ins. Co. 2012 NY Slip Op 03362 Decided on May 1, 2012 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 1, 2012
No. 142 SSM 12

[*1]Sarbjeet Kaur, & c., Respondent,

v

American Transit Insurance Company, et al., Defendants, Baker, McEvoy, Morrisey & Moskovits, P.C., Appellant.




Submitted Ronald W. Weiner, for appellant.
Submitted by Edward Sivin, for respondent.


On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, order of Supreme Court, New York County, reinstated and certified question answered in the negative. Triable issues of fact exist concerning defendant-appellant's successor liability (see Schumacher v Richards Shear Co., 59 NY2d 239, 245 [1983]). Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided May 1, 2012

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