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LINEA AEREA CUENCANA, plf-res, v. ECC LEASING COMPANY LIMITED, def-ap

4660. LINEA AEREA CUENCANA, plf-res, v. ECC LEASING COMPANY LIMITED, def-ap — Condon & Forsyth LLP, New York (Stephen R. Stegich of counsel), for ap — Law Office of Steven Cohn, P.C., Carle Place (Steven Cohn of counsel), for res — Order, Supreme Court, New York County (Charles E. Ramos, J.), entered March 13, 2017, which denied defendant's motion to dismiss the complaint in its entirety, unanimously reversed, on the law, without costs, and the complaint dismissed without prejudice. The Clerk is directed to enter judgment accordingly.

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4660. LINEA AEREA CUENCANA, plf-res, v. ECC LEASING COMPANY LIMITED, def-ap — Condon & Forsyth LLP, New York (Stephen R. Stegich of counsel), for ap — Law Office of Steven Cohn, P.C., Carle Place (Steven Cohn of counsel), for res — Order, Supreme Court, New York County (Charles E. Ramos, J.), entered March 13, 2017, which denied defendant’s motion to dismiss the complaint in its entirety, unanimously reversed, on the law, without costs, and the complaint dismissed without prejudice. The Clerk is directed to enter judgment accordingly.

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 by a series of proposals and extensions, that ultimately resulted in a purchase agreement. The complaint, however, does not identify the large majority of the parties’ agreements, as LAC premises its breach of contract claim on the first “proposal agreement” the parties entered into in July of 2011, entitled “Proposal 130.” Proposal 130 is the only agreement that was attached to the complaint.

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