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MARUN FASHION & SPORTSWEAR, INC. v. GILLMAN KNITWEAR CO.

223 A.D.2d 492 (1996)

637 N.Y.S.2d 927

Marun Fashion and Sportswear, Inc., Respondent, v. Gillman Knitwear Co., Appellant, et al., Defendant

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

January 30, 1996

The trial court's finding of fact that there was no meeting of the minds as to the terms of the sale, reviewed in a light most favorable to plaintiff, was a fair interpretation of the conflicting testimony and documentary evidence adduced at trial. The testimony of defendant's "expert" was ambiguous and susceptible of an interpretation supportive of plaintiff's position (see, Richstone v Q-Med, Inc., 186 A.D.2d 354).

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