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Prevailing At Trial For Breach of Aircraft Lease Agreement

After trial, the Supreme Court ruled in favor of B&B’s Client, determining that the lessee of an aircraft breached a lease, and awarded B&B’s client damages, counsel fees and interest.

Challenge

B&B represented the Delaware corporate owner and lessor of an aircraft that had been leased to a New York resident for use in New York. During the course of the lease, the aircraft had been damaged during Hurricane Sandy. When that damage surfaced, the lessee immediately ceased paying monthly lease payments — despite an express contractual obligation to do so — and likewise refused to effectuate the damages repair by the insurance company unless and until the lessor provided the lessor with a complete release of its liability for lease payments. Accordingly, the corporate owner/lessor was without monthly payments and could not recover the aircraft as the same was damaged.

Solution

B&B filed suit, alleging breach of contract for the missing lease payment, and for the lessee’s failure to cooperate with the insurance carrier, and conducted document discovery and party depositions.

Result

After trial in the Commercial Division, the Court awarded B&B’s client, the Delaware corporate owner and lessor ,damages for breach of the lease agreement and more than $60,000 in counsel fees. In addition, the Defendant/lessee was compelled to cooperate with the insurance company such that the Delaware corporate owner/lessor was able to recovery a judgment for damages sustained, interest, counsel fees, and recovered the aircraft itself.

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