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AEROLINEAS GALAPAGOS, S.A. v. SUNDOWNER ALEXANDRIA, LLC

3126N, 101035/08.

74 A.D.3d 652 (2010)

905 N.Y.S.2d 152

AEROLINEAS GALAPAGOS, S.A., Appellant, v. SUNDOWNER ALEXANDRIA, LLC, Respondent, et al., Defendants.

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

Decided June 22, 2010.

The proposed amendment was palpably insufficient as a matter of law (see Thompson v Cooper, 24 A.D.3d 203, 205 [2005]). The claim for fraudulent inducement lacked merit, as the purportedly new evidence did not support the claim that, at the time it entered into the subject agreements, Sundowner did not intend to comply with its obligations, and all of the tort claims were merely duplicative...

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