Managers and the Legal Environment 7th Edition by David Madsen, Constance Bagley

Exercise 7

Vince Lutriario claims that the defendant, A World of Pets and Supplies (A World of Pets), sold him a dog infected with giardia, which put Lutriario's children at risk of catching the parasite. When Lutriario sought to recover the price of the dog and the costs he incurred in curing the dog, the marshal who went to A World of Pets was told the store no longer existed and was now A World of Pups. Lutriario had previously talked to the owner of A World of Pets (also the owner of A World of Pups) and arranged a payment plan to be reimbursed. Now, however, the defendant sought an order vacating the judgment that led to that plan and claimed that A World of Pups was distinct and separate from the original defendant, A World of Pets. Despite the name change, there still appeared to be continuity not only of management and owner, but also of physical location, assets, and the general business operation. Was there a de facto merger between the two "Worlds"? [Lutriario v. A World of Pets Supplies, Ltd., 26 Misc. 3d 1219(A) (Civ. Court, Richmond County, 2010 Levine, J.).]