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

10460, 603076/08.

118 A.D.3d 428 (2014)

987 N.Y.S.2d 350

2014 NY Slip Op 4047

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

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

Decided June 5, 2014.

Plaintiffs are entities that leased aircraft to non-appealing defendant Varig Logistica S.A. (VarigLog), a Brazilian cargo airline. In this action, plaintiffs are suing (1) VarigLog, for breach of the aircraft lease agreements and for conversion of the aircraft, and (2) defendants-appellants (collectively, the MP defendants), as owners of VarigLog (a direct subsidiary of one of the MP defendants), on an alter ego theory and also on the theory that the MP defendants' conduct...

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