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PEGASUS AVIATION I, INC. v. VARIG LOGISTICA S.A.

2002, 603076/08

69 A.D.3d 483 (2010)

894 N.Y.S.2d 30

2010 NY Slip Op 375

PEGASUS AVIATION I, INC., et al., Respondents, v. VARIG LOGISTICA S.A. et al., Defendants, and MATLINPATTERSON GLOBAL ADVISERS, LLC, Appellant.

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

Decided January 19, 2010.

This is an action for replevin and damages for breach of airplane leases. Accepting the alleged facts as true and according plaintiff the benefit of every possible favorable inference (Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]), the complaint sufficiently alleges that MatlinPatterson exercised complete domination over Varig Logistica—and was thus its alter ego— with respect to the transaction at issue, and that such...

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