Can employer withhold vacation pay for only giving two weeks notice??

My company was sold and my job said it was not guarantee that we will get another job with the new one, i went on interviews and got the another job however they needed me to start within two weeks (i been w my company for 5 yrs ) and require to give 4 weeks notice however with the change and me not knowing if i was going to stay with a job bc after Oct 31 the company would be closed n taken over, now my company is saying they not getting me my vacation pay bc i only gave two weeks. On the handbook it does state that we are require to give notice equal to annual vacation however it says that failure to do so MAY cause to forfeit. due to my situation and knowing the company is going out of business is this something i can fight? I work in NY