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JAAN ABDUL v. SUBBIAH

289 A.D.2d 105 (2001)

735 N.Y.S.2d 29

WAHAB JAAN ABDUL, as a Shareholder and in the Right of LSJ TRADING CORPORATION and JVD (AMERICA), INC., Respondent, v. VASAN SUBBIAH et al., Appellants, et al., Defendants.

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

Decided December 18, 2001.

We find no basis to disturb the trial court's finding, essentially one of credibility, that the shareholders' agreement was not repudiated (see, Charles J. Hecht, P. C. v Clowes, 224 A.D.2d 312). The trial court's findings were based upon a fair interpretation of the evidence, which included not only plaintiff's testimony but also documentary evidence supportive thereof. The trial court's award of damages is warranted by the record...

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