ESCAPE AIRPORTS (USA), INC. v. KENT, BEATTY & GORDON, LLP

3559, 104945/08.

79 A.D.3d 437 (2010)

913 N.Y.S.2d 47

ESCAPE AIRPORTS (USA), INC., Respondent, v. KENT, BEATTY & GORDON, LLP, Appellant.

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

Decided December 7, 2010.


The complaint, premised on defendant law firm's alleged failure to include a provision permitting plaintiff to terminate its individual agreements with air carriers in the event the owner of the airport terminal space terminated plaintiff's right to occupy the subject lounge spaces, stated a cause of action sufficient to withstand the motion to dismiss. It sufficiently pleaded that defendant failed to exercise the ordinary and reasonable skill and knowledge commonly possessed...

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