The New York County Supreme Court has denied a motion of Embraer, in which it sought to strike compensation by Air Astana for damages related to issues with its fleet of E190-E2. The court wants Embraer to provide more answers to Air Astana’s claims first and present this during a preliminary conference that is scheduled for October 27. Embraer has to provide more evidence in Air Astana case.
The Supreme Court held a video conference on September 7 on a motion from Embraer, in which the Brazilian airframer sought to strike remedies of consequential damages that were demanded by Air Astana. As reported here before, the airline from Kazakhstan and Embraer have been embroiled in a legal case since last year over apparent deficiencies
of its five E190-E2s that caused operational issues. Air Astana grounded the aircraft in early 2021 and claimed that the E2 was not airworthy, but that Embraer masked the deficiencies.
In a motion that was discussed on September 7, Embraer (once again) denied the accusations that the E2 was unsafe or that it had masked any issues. In the motion, the airframer stated that Air Astana was contradicting its own allegations about the safety of the aircraft as it has resumed E2 operations in July last year, at a time it said it would only do so when the safety of the type was demonstrated. That same month, Air Astana filed a lawsuit against Embraer.
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