ARGYLE CAPITAL MANAGEMENT CORPORATION v. RANDALL


279 A.D.2d 430 (2001)

719 N.Y.S.2d 849

ARGYLE CAPITAL MANAGEMENT CORPORATION, Appellant, v. GLENN RANDALL et al., Respondents.

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

Decided January 30, 2001.


Although plaintiff alleged that the Randall defendants were its agents in connection with its purchase of certain antiques and that those antiques, in breach of the terms of the alleged agency, were sold by the Randall defendants to a third party, defendant Mallet & Sons, at trial plaintiff wholly failed to adduce proof of such agency relationship. In light of that failure of proof, there was no rational process by which the jury could have found for plaintiff. Accordingly...

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