Galapagos, S.A. v. Sundowner Alexandria, LLC
905 N.Y.S.2d 152
N.Y. App. Div.
2010
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Aerolineas Galapagos, S.A., Appellant, v Sundowner Alexandria, LLC, Respondent, et al., Defendants.

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

January 12, 2010

905 N.Y.S.2d 152

Order, Supreme Court, New York County (Eileen Bransten, J.), entered January 12, 2010, which denied plaintiff‘s motion to amend its complaint to, inter alia, reassert previously dismissed causes of action for fraudulent inducement, negligent misrepresentation and tortious interference with contract and to reassert claims against previously dismissed parties, unanimously affirmed, with costs.

The proposed amendment was palpably insufficient as a matter of law (see ). The claim for fraudulent inducement lacked merit, as the purportedly new evidence did not support the claim that, at the time it entered into the subject agreements, Sundowner did not intend to comply with its obligations, and all of the tort claims were merely duplicative, seeking the identical damages as the breach of contract claim (see ). In addition, the parties to the agreements dealt at arm‘s length, so the close relationship required to support the negligent misrepresentation claim was lacking (see ; ). Since the proposed claims against Sundowner were insufficient, they were also insufficient as to AerCap and Ryan, rendering it unnecessary to determine whether they and Sundowner had either an agency or alter ego relationship; we note, however, that the alter ego claim was unsupported (see ). It is also unnecessary to determine whether the claims were barred by the merger clauses.

We have considered plaintiff‘s other contentions and find them unavailing. Concur—Tom, J.P., Mazzarelli, Sweeny, Freedman and Abdus-Salaam, JJ.