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CUENCANA v. ECC LEASING CO. LTD.

450897/16.

154 A.D.3d 501 (2017)

63 N.Y.S.3d 33

2017 NY Slip Op 07189

LINEA AEREA CUENCANA, Respondent, v. ECC LEASING COMPANY LIMITED, Appellant.

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

Decided October 12, 2017.

This case arises primarily from defendant's retention of a $2.18 million, "non-refundable" deposit given to it by plaintiff Linea Aerea Cuencana (LAC) toward the purchase of aircraft that did not materialize. Defendant ECC Leasing Company Limited (ECC) is in the business of selling and leasing pre-owned aircraft to buyers all over the world. LAC is an Ecuadoran airline. The transaction has a long and complicated history, memorialized...

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