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THINK PINK, INC. v. RIM, INC.

19 A.D.3d 331 (2005)

798 N.Y.S.2d 413

THINK PINK, INC., Appellant, v. RIM, INC., Respondent.

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

June 30, 2005.

There is no reason to disturb the trial court's determination, which was based on a fair interpretation of the evidence, turning largely on credibility (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992]). Contrary to plaintiff's contention, there was no basis for a missing document charge since defendant did not fail to comply with a discovery order. We disagree with plaintiff's interpretation of that order inasmuch as plaintiff...

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