WILMINGTON TRUST v. AEROVIAS de MEXICO

No. 94 Civ. 8543 (SAS).

893 F.Supp. 215 (1995)

WILMINGTON TRUST COMPANY, Plaintiff, v. AEROVIAS de MEXICO, S.A. de C.V., Defendant.

United States District Court, S.D. New York.

March 16, 1995.


Attorney(s) appearing for the Case

Kevin J. Burke, Cahill, Gordon & Reindel, New York City, for plaintiff Wilmington Trust Co., not in its individual capacity, but solely as Owner Trustee/Lessor.

George Weisz, Cleary, Gottlieb, Steen & Hamilton, New York City, for defendant Aerovias de Mexico, S.A., de C.V.


OPINION AND ORDER

SCHEINDLIN, District Judge.

I. Introduction

Plaintiff Wilmington Trust Company ("Wilmington") sues defendant Aerovias de Mexico, S.A. de C.V. ("Aeromexico") for breach of a Lease Agreement ("Lease") entered into on December 1, 1992. Wilmington claims that Aeromexico is in default under the terms of the Lease, which is for a McDonnell Douglas MD-82 aircraft, because it failed to make a required rental payment of $685,511...

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