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N450JE LLC v. PRIORITY 1 AVIATION, INC.

9140, 603490/08.

102 A.D.3d 631 (2013)

959 N.Y.S.2d 156

2013 NY Slip Op 557

N450JE LLC et al., Respondents, v. PRIORITY 1 AVIATION, INC., et al., Appellants.

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

Decided January 31, 2013.

Plaintiffs' motion for reargument should have been denied as to their new contention that nonparty Gulfstream would have sent the list of the airworthiness discrepancies it discovered during its inspection of the subject aircraft to Priority because the contract between Priority and plaintiffs obligated Priority to pay for the inspection (see e.g. Foley v Roche, 68 A.D.2d 558, 567-568 [1st Dept 1979]). However, reargument was properly...

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