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A DE FACTO OUTCOME

j0427781.jpgIn Holme v. Global Mins. & Metals Corp. , James W. Holme wanted to enforce a 2006 money judgment he had secured against Global Minerals & Metals Corp.

Although back in 2000 the corporation had been stripped of its assets and was a depleted shell, the corporate officers allegedly continued operating the business by way of a different entity opened in 2003.

When the New York County Supreme Court denied the defendants' request to dismiss the case (which was based on theories of "de facto merger and alter-ego liability"), an appeal to the Appellate Division, First Department, followed.

Because his pleadings offered "considerable detail" as to possible fraudulent transfers and other alleged misconduct, the AD1 thought Holme's case warranted survival.

There's no place like Holme.

j0284063.gifTo view a copy of the Appellate Division's decision, please use this link: Holme v. Global Mins. & Metals Corp.  

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