In a complicated wrongful death case involving two foreign corporations—one authorized to do business in this state and one not, and a merger that was never consummated in New York—an appellate panel in Rochester is permitting the matter to go forward as an exception to the Workers’ Compensation bar to suing employers.

The Appellate Division, Fourth Department, held recently that failure to file merger documents with the New York secretary of state renders the merger ineffective in New York.