| Aerolineas Galapagos, S.A. v Sundowner Alexandria, LLC |
| 2010 NY Slip Op 05491 [74 AD3d 652] |
| June 22, 2010 |
| Appellate Division, First Department |
| Aerolineas Galapagos, S.A., Appellant, v SundownerAlexandria, LLC, Respondent, et al., Defendants. |
—[*1] Todd & Levi, LLP, New York (Jill Levi of counsel), for respondent.
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 previouslydismissed causes of action for fraudulent inducement, negligent misrepresentation and tortiousinterference 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 Thompson v Cooper, 24 AD3d203, 205 [2005]). The claim for fraudulent inducement lacked merit, as the purportedly newevidence 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 merelyduplicative, seeking the identical damages as the breach of contract claim (see Town House Stock LLC v Coby Hous.Corp., 36 AD3d 509 [2007]). In addition, the parties to the agreements dealt at arm'slength, so the close relationship required to support the negligent misrepresentation claim waslacking (see J.A.O. Acquisition Corp. vStavitsky, 8 NY3d 144, 148 [2007]; Bostany v Trump Org. LLC, 73 AD3d 479 [2010]). Since theproposed claims against Sundowner were insufficient, they were also insufficient as to AerCapand Ryan, rendering it unnecessary to determine whether they and Sundowner had either anagency or alter ego relationship; we note, however, that the alter ego claim was unsupported (see Wing Wong Realty Corp. v FlintlockConstr. Servs., LLC, 71 AD3d 537 [2010]). It is also unnecessary to determine whetherthe 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.