Opinion
No. 142 SSM 12
05-01-2012
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.
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.