Million Air Asks Federal Court To Reject County's Attempt To Dismiss $30m Lawsuit
Attorneys for Million Air are asking the Federal District Court to reject Westchester County's Motion to Dismiss the company's $30 million lawsuit charging the County with ongoing breaches of contract and bad faith conduct in conjunction with Million Air's plan to construct a new aircraft hangar at Westchester County Airport.
The Memorandum of Law submitted September 3, 2021, by Yankwitt LLP flatly rejects the County's reasons for asking that the case filed on June 16, 2021, be dismissed. The firm details the County's repeated violations over four years of the approval process for new construction set forth in Million Air's lease with the County.
As set forth in Million Air's brief, the County repeatedly and unreasonably refused to approve Million Air's proposal to improve its facilities at the airport by replacing an out-of-date hangar with a modernized hangar. It further states that the County "compounded this breach" by failing to cooperate with Million Air in obtaining necessary environmental and regulatory approvals.
Million Air maintains that from 2017-2021, the County demonstrated a disregard for good faith and fair dealing by telling the company that it supported the plan for replacing the hangar, "all the while continuously moving the goalposts and conjuring ever-shifting hoops for Million Air to jump through for approval."
Yankwitt LLP states that Million Air's lawsuit sufficiently demonstrates the sound basis for the case and asks the Court to reject the County's motion to dismiss "in its entirety."
Million Air is a highly regarded provider of private aviation services with locations across the United States and globally. At Westchester County Airport, it operates a Fixed Base Operation, which includes a hangar and passenger services terminal built under the lease with the County and provides services to private aircraft including maintenance and fueling. The lease provides that Million Air can construct "additional hangars" at the airport and that the County may not unreasonably refuse to approve of such new hangars.
