Fleischer Law LLC Client Wins Reversal On Appeal Involving Failed Commercial Aircraft Lease DealNews Title

New York, NY, March 16, 2016 -  Yesterday, the New York Supreme Court, Appellate Division (1st Dept. - Manhattan) issued a decision on the appeal brought by Underhill Holdings, LLC challenging the decision entered by a New York Supreme Court judge dismissing all of Underhill’s claims against, among others, V1 Jets International, Inc.  Underhill’s claims arise from a failed commercial aircraft lease deal. Underhill had leased one of its commercial passenger aircraft to V1  for a three month period in the summer, 2010.  V1 used the aircraft as agreed but later refused to pay Underhill, forcing Underhill to file suit agaisnt V1 and certain affiliated entities in New York Supreme Court seeking damages based on contract and non-contract theories.  However, because V1 was not specifically identified in the related aircraft operating agreement (required by FAA regulation), the trial court entered judgment dismissing all of Underhill’s causes of action against V1, including those based on non-contract theory.  Underhill appealed. In yesterday’s decision,  the Appellate Division reinstated Underhill’s non-contract based claims for Quantum Meruit, Unjust Enrichment and Account Stated. The case will now go back to the trial court for determination of those claims on the merits.  If successful, any of the reinstated claims will provide Underhill with a full measure of damages against V1.


 The appellate briefs (opening and reply) were written by Robert Fleischer. Mr. Fleischer argued the appeal on February 10, 2016 before a panel of three Appellate Division Justices.



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