Opinion
No. 2002.
January 19, 2010.
Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered April 21, 2009, which denied MatlinPatterson's motion to dismiss the complaint, unanimously affirmed, with costs.
Bracewell Giuliani LLP, New York (Kenneth A. Caruso of counsel), for appellant.
Boundas, Skarzynski, Walsh Black, LLC, New York (James T. Sandnes of counsel), for respondents.
Before: Mazzarelli, J.P., Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.
This is an action for replevin and damages for breach of airplane leases. Accepting the alleged facts as true and according plaintiff the benefit of every possible favorable inference ( Leon v. Martinez, 84 NY2d 83, 87-88), the complaint sufficiently alleges that MatlinPatterson exercised complete domination over Varig Logistica — and was thus its alter ego — with respect to the transaction at issue, and that such domination facilitated the fraud or wrongdoing that resulted in plaintiffs injury ( Matter of Morris v New York State Dept. of Taxation Fin., 82 NY2d 135, 141).