Miltenberg, Gorycki:  First Department Applies “Mere Continuation” Theory of Successor Liability to Reverse Lower Court’s Dismissal of Commercial Landlord’s Breach of Contract Claims Against Authentic Brands and Marc Fisher

August 7, 2025 – In a multi-million-dollar contract dispute concerning designer brand Hunter Boot’s breach of its lease for a showroom and office space at 57 West 57th Street, New York’s Appellate Division, First Department, found that landlord Avamer 57 Fee LLC’s breach of contract claims should not have been dismissed because it sufficiently pled that partners Authentic Brands and Marc Fisher were successors in interest to Hunter Boot’s U.S. subsidiary under the “mere continuation” exception to the rule against successor liability. The breach of the lease occurred after Authentic and Fisher acquired the assets of Hunter’s U.S. subsidiary. The documentary evidence submitted by Authentic and Fisher failed to utterly refute Avamer’s allegations as to warrant a dismissal of the breach of contract claims based on documentary evidence. Nesenoff & Miltenberg, LLP partner Kara L. Gorycki argued the appeal.