May 1, 2012
SARBJEET KAUR, &C., RESPONDENT,
AMERICAN TRANSIT INSURANCE COMPANY, ET AL., DEFENDANTS,
BAKER, MCEVOY, MORRISEY & MOSKOVITS, P.C., APPELLANT.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
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 ).
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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