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CHALK & VERMILLION, LLC v. McKNIGHT

23 A.D.3d 158 (2005)

803 N.Y.S.2d 511

CHALK & VERMILLION, LLC, et al., Appellants, v. THOMAS F. McKNIGHT, LLC, as Successor in Interest to THOMAS F. McKNIGHT, INC., et al., Respondents.

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

November 1, 2005.

The trial evidence, fairly considered (see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]; Nicastro v Park, 113 A.D.2d 129, 134 [1985]), permitted the jury to conclude that defendant artist McKnight met his contractual obligations to create images suitable for small print reproduction. The governing agreement did not require McKnight to create small paintings but rather to create...

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