Kaur v American Tr. Ins. Co., 19 NY3d 827 (2012)

2012 NY Slip Op 03362 [19 NY3d 827]
May 1, 2012
Court of Appeals

[*1]

In the Matter of Sarbjeet Kaur, as Receiver of Gladys Towncars, Inc. and Another, Respondent,
v
American Transit Insurance Company et al., Defendants, and Baker, McEvoy, Morrissey & Moskovits, P.C., Appellant.

Decided May 1, 2012

Kaur v American Tr. Ins. Co., 86 AD3d 455, reversed.

{**19 NY3d at 828} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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]).

Concur: Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.