MAGNETIC PARTS TRADING LTD. v. NATIONAL AIR CARGO GROUP, INC.

Index No. 653266/20, Appeal No. 1870, Case No. 2023-05342.

2024 NY Slip Op 01513

MAGNETIC PARTS TRADING LIMITED, Appellant, v. NATIONAL AIR CARGO GROUP, INC., DOING BUSINESS AS NATIONAL AIRLINES, Respondent.

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

Decided March 19, 2024.


Attorney(s) appearing for the Case

Vedder Price P.C., New York ( Courtney M. Brown and Daniel C. Green of counsel), for appellant.

Hantman & Associates, New York ( Robert J. Hantman of counsel), for respondent.

Before: Singh, J.P., González, Scarpulla, Higgitt, Rosado, JJ.


Order, Supreme Court, New York County (Robert R. Reed, J.), entered on or about October 10, 2023, which denied plaintiff Magnetic Parts Trading Limited's motion to dismiss the counterclaim for breach of contract, unanimously reversed, on the law, without costs, and the motion granted.

The parties entered into a lease by which Magnetic leased an aircraft engine to defendant National Air Cargo Group, Inc. (National). Under Section 5, which is in boldface and all caps...

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