Legal Opinion
Eastern Air Lines, Inc. v. Trans Caribbean Airways, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided March 21, 1968PublishedCited by 7 opinions
1Opinion of the Court
Stevens, J. P.
This is an appeal from an order which denied the motion of defendant Trans Caribbean Airways, Inc. (Trans Caribbean) to dismiss the complaint.
This action, in which plaintiff Eastern Air Lines, Inc. (Eastern) .seeks reformation of a contract, was commenced on or about July 19, 1967. The contract, termed an Aircraft Maintenance Agreement, was executed between the parties on or about October 18-20, 1965. Plaintiff claims a mutual mistake of the parties so that the agreement, as executed, does not truly reflect the intent of the parties.
Under the terms of the agreement plaintiff…
2Cases cited4 opinions
- Amend v. HurleyNew York Court of Appeals · 1944
- Bannon v. BannonNew York Court of Appeals · 1936
- Perkins v. Guaranty Trust Co.New York Court of Appeals · 1937
- Trust Co. v. Universal Talking Machine Co.Appellate Division of the Supreme Court of the State of New York · 1904
3Cited by7 opinions
- C & H Construction & Paving Co. v. Citizens BankNew Mexico Court of Appeals · 1979
- Clements Auto Company v. Service Bureau CorporationDistrict Court, D. Minnesota · 1969
- Hahn v. BreedDistrict Court, S.D. New York · 1984
- Gaylords National Corp. v. Arlen Realty & Development Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- George Backer Management Corp. v. Acme Quilting Co.Appellate Division of the Supreme Court of the State of New York · 1976
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