TURNER PRESS, INC. v. GOULD


76 A.D.2d 906 (1980)

Turner Press, Inc., Respondent, v. Myron I. Gould, Individually and Doing Business as Myron Gould Associates, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 23, 1980


Judgment affirmed, without costs or disbursements.

On this record, we agree with Trial Term's conclusion that defendant failed to establish that he acted as agent for a disclosed principal, Grunmar Industries. The trial court's finding that defendant acted as a principal is also supported by the strong inference to be drawn in favor of the plaintiff's evidence as a result of defendant's failure to take the stand to contradict plaintiff's case (see Noce v Kaufman...

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