Dissolved Corporations

Dissolved Corporations

By: Martin M. Shenkman, CPA, MBA, JD

A corporation which distributed asbestos products was dissolved in 1999. The plaintiff sued the dissolved corporation which then sought to bring the decedent’s employer into the case (implead). The employer argued that since the corporation had been dissolved it could not implead him. The court held that the dissolved corporation could sue or be sued under New York law (BCL Sec. 1006(a)(4)) so that the action to implead the employer was not barred by the corporation’s dissolution years earlier. Tedesco v. A.P. Green Industries, Inc., 8 N.Y.3d 243 (Feb. 22, 2007).

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