Worldcom Network Services, Inc. v. Polar Communications Corp.
Cases that cite this one
3 later published cases cite this decision.
- Ferring B.V. v. Allergan, Inc. (District Court, S.D. New York 2014)
- Andres v. Town of Wheatfield (District Court, W.D. New York 2020)
- Kretzmer v. Firesafe Products Corp. (Appellate Division of the Supreme Court of New York 2005)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order and judgment, Supreme Court, New York County (Barry Cozier, J.), entered April 12, 2000 and July 6, 2000, respectively, which granted ETS, Inc.’s motion pursuant to CPLR 3211 and dismissed the complaint as against it, unanimously affirmed, with costs.
Although plaintiff seeks to impose liability upon ETS, Inc. by reason of ETS’s purported status as successor to the liabilities of defendant Polar Communications Corporation, plaintiff has failed to allege facts that would support its successor liability claim (see, Grant-Howard Assocs. v General Housewares Corp., 63 NY2d 291, 296; Schumacher v Richards Shear Co., 59 NY2d 239, 244-245; Ladenburg Thalmann & Co. v Tim’s Amusements, 275 AD2d 243). Indeed, but for the plainly insufficient circumstance that the three individuals who formed ETS were once employed by Polar, the pleadings and evidence fail to provide any ground to infer a relationship between ETS and Polar, much less a relationship sufficiently close to serve as a predicate for the imposition of successor liability (see, id.).
We have reviewed plaintiffs remaining arguments and find them unavailing. Concur — Tom, J. P., Ellerin, Rubin, Saxe and Buckley, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.