Attention To Detail Matters In A Merger

Law360, New York (December 8, 2011, 2:53 PM EST) -- A recent New York appellate ruling (Preston v. APCH Inc., 1023 Ca 11-00169, App. Div., 4th, Oct. 7, 2011), refused to recognize the transfer of an industrial facility located in New York between a nonsurviving Delaware corporation and its Delaware parent that validly completed a Delaware short-form merger.

As a result, the merged-out corporation that owned the facility in question prior to the merger was not dismissed from the litigation, while its surviving parent could not limit the plaintiff’s remedy to that available solely under New...
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