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TBS LATIN AMERICA LINER, LTD. v. ABBEY SEA SHIPPING SERVICES DE CONSULTORES NAVALES S.A.

26 A.D.3d 196 (2006)

808 N.Y.S.2d 898

TBS LATIN AMERICA LINER, LTD., Respondent, v. ABBEY SEA SHIPPING SERVICES DE CONSULTORES NAVALES S.A. et al, Appellants.

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

February 9, 2006.

The court's findings that the promissory note was a valid and binding obligation intended by the parties to be enforceable, and was not merely a formality for plaintiff's bondholders, were supported by a fair interpretation of the evidence. Witness credibility was central to this trial, and no reason has been offered to warrant disturbing the court's findings (see e.g. Saperstein v. Lewenberg, 11 A.D.3d 289 [2004]).

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