1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 202 A.D.3d
  5. 202 A.D.3d 638 (2022)
 

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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases