Trigon 52 L.L.C. V SDKD Enters., Inc.

Trigon 52 L.L.C. v SDKD Enters., Inc.

In this case, a corporation formally dissolved in 2013, but engaged in a lease modification in 2015 to assign the rights of the lease to another party. The question is twofold: whether the lease modification can be considered a part of the corporation’s winding up of its business, and thus protect its owners from liability; and also whether the corporation’s lease obligations could be assigned to the other party that now holds the lease. The court affirmed that the lease modification was a part of the corporation’s winding up of business, and thus was subject to the protections the corporation offered, but the court remanded the issue of liability for the unpaid lease to a lower court for trial. https://www.nycourts.gov/reporter/3dseries/2022/2022_02217.htm

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