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POLYGRAM DIVERSIFIED VENTURES, INC. v. PEPSI-COLA NEWBURGH BOTTLING CO., INC.

243 A.D.2d 347 (1997)

664 N.Y.S.2d 543

Polygram Diversified Ventures, Inc., Respondent, v. Pepsi-Cola Newburgh Bottling Co., Inc., Appellant

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

October 21, 1997

The court's determination grounded primarily on its resolution of credibility issues was based upon a fair interpretation of the evidence (Charles J. Hecht, P. C. v Clowes, 224 A.D.2d 312) and we decline to disturb it. Plaintiff's damages were proven with the requisite certainty (Hirschfeld v IC Sec., 132 A.D.2d 332, 336-337, lv dismissed 72 N.Y.2d 841) and defendant failed to sustain...

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