VFS Financing, Inc. v. Falcon Fifty, LLC et al
| VFS Financing, Inc. |
| Sky King, LLC, Falcon Fifty, LLC, Philip L. Rogers and Alisa K. Rogers |
| 1:2013cv03534 |
| May 24, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Shira A. Scheindlin |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Account Receivable |
| None |
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Filing
50
OPINION AND ORDER 104274 re: 33 MOTION to Dismiss Defendants' Counterclaims And Third Party Claims filed by General Electric Capital Corporation, VFS Financing, Inc., GE Equipment Corporate Aircraft Trust 2012-1 LLC, Canal Air LLC. For the foregoing reasons, plaintiffs' and third-party defendants' motion to dismiss defendants' counterclaims and third-party claims is GRANTED in part and DENIED in part. Defendants may proceed on the breach of contract cou nterclaim against VFS, the breach of the implied covenant of good faith and fair dealing counterclaim against GEECAT, and the tortious interference with contract claim against GE Capital as to the Falcon and Sky King Loans. Defendants' tortious interference with contract claim against GE Capital as to the Stellar lease is dismissed with leave to amend. Defendants' breach of contract claims against GE Capital and NYRISA claims are dismissed with prejudice. The Clerk of the Court is directed to close this motion (Dkt. No. 33). The final pre-trial conference will proceed as scheduled on May 13, 2014 at 4:30 pm. (Signed by Judge Shira A. Scheindlin on 4/30/2014) (lmb) Modified on 4/30/2014 (nt). Modified on 5/1/2014 (lmb).
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