VOLO LOGISTICS LLC v. VARIG LOGISTICA S.A.


51 A.D.3d 554 (2008)

859 N.Y.S.2d 127

VOLO LOGISTICS LLC et al., Appellants, v. VARIG LOGISTICA S.A., Respondent, et al., Defendant. VOLO LOGISTICS LLC, Plaintiff, and CAT AEREA LLC, Respondent, v. VARIG LOGISTICA S.A., Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 22, 2008.


In this action for breach of a loan agreement representing $29.7 million worth of Brazilian airline financing, even if plaintiff lenders' attorneys did represent both sides in the loan transactions at issue, defendants knew at all times that they represented plaintiffs, did not have a reasonable expectation of confidentiality in their dealings with them, and thus cannot seek their disqualification in litigation over the loan obligations (Meyers v Lipman,

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