WINTERVIEW INC. v. KARIN MODELS, LLC


294 A.D.2d 120 (2002)

742 N.Y.S.2d 212

WINTERVIEW INC., et al., Plaintiffs, v. KARIN MODELS, LLC, Defendant and Third-Party Plaintiff-Appellant. NEXT et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants.

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

Decided May 2, 2002.


The trial evidence, fairly considered, permitted the court, sitting as fact finder, fairly to conclude that third-party defendants-respondents did not induce Mr. Priano to breach his contract with third-party plaintiff. A review of the testimony as a whole indicates that the court accorded the evidence its proper weight, and despite certain credibility problems, which the court noted, nonetheless properly found that third-party plaintiff failed to meet its burden of proving...

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