PAULICOPTER-CIA. v. BANK OF AMERICA, N.A.

11367.

182 A.D.3d 458 (2020)

122 N.Y.S.3d 593

2020 NY Slip Op 02248

Paulicopter-Cia. et al., Appellants, v. Bank of America, N.A., Respondent, et al., Defendants.

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

Decided April 9, 2020.


Plaintiffs allege that defendant Bank of America breached a structured lease transaction by seizing the aircraft that they acquired pursuant to the transaction. The motion court correctly found that defendant's repossession of the aircraft was justified by at least two separate events of default on plaintiffs' part and thus that defendant was not in breach of the leases or any corresponding duty of good faith.

First, it is undisputed that plaintiffs did not pay the...

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