In AT&S Transp. v. Odyssey Logistics & Technology Corp., 22 AD3d 750 (2d Dept 2005) the Appellate Division, Second Department concluded that there had been a showing of a de facto merger and a nonsignatory successor could be forced to arbitration based on the agreement of its predecessor because substantially all of the assets were transferred or licensed, the real property was assumed by the successor, the successor "offered employment to its predecessor's employees, hired two of its predecessor's management personnel, assumed the contracts of independent contractors, agreed to honor the predecessor's customer service contracts, and received the predecessor's business insurance policy." AT&S Transp. v. Odyssey Logistics & Tech. Corp., 22 AD3d, at 753. There, the predecessor could no longer use its name and the transaction was deemed a liquidation, with shares of the successor's stock to be distributed to the predecessor's preferred stock holders. Id.