A trial court in New York has approved a summary judgment motion to dismiss the purchaser of hospital assets from a negligence claim brought by a patient at the selling institution. The Court said the purchaser was not subject to successor liability after acquisition of the old hospital’s assets in an asset purchase transaction. Under New York law, the Court said, a purchaser of a corporation’s assets is not normally liable for the negligence of the seller and has no successor liability unless there was a consolidation or de facto merger of the parties. The de facto merger inquiry focuses on four factors: (1) continuity of ownership; (2) cessation of business and dissolution of the seller “...