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GTF MKTG., INC. v. DODGE HOME REMODELING CORP.

110 A.D.2d 818 (1985)

GTF Marketing, Inc., Appellant, v. Dodge Home Remodeling Corp., Respondent. (Action No. 1.) GTF Marketing, Inc., Appellant, v. Marjo Systems, Inc., Respondent. (Action No. 2.)

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

April 22, 1985

Judgments affirmed, with one bill of costs to respondent Marjo Systems, Inc.

Plaintiff cannot successfully urge, on the record herein, that Special Term's findings were contrary to the weight of the evidence. In light of plaintiff's unexplained failure to introduce relevant documentary evidence which it purported to possess, Special Term's findings essentially rested upon a resolution of the materially contradictory testimony offered by the parties' respective witnesses...

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