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LORAL SPACE & COMMUNICATIONS HOLDINGS CORPORATION v. RAINBOW DBS HOLDINGS, INC.

48 A.D.3d 296 (2008)

852 N.Y.S.2d 77

LORAL SPACE & COMMUNICATIONS HOLDINGS CORPORATION, Respondent, v. RAINBOW DBS HOLDINGS, INC., et al., Appellants.

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

Decided February 19, 2008.

The court properly declined to set aside the verdict as against the weight of the evidence as it is apparent that based upon a fair interpretation of the evidence (see McDermott v Coffee Beanery, Ltd., 9 A.D.3d 195, 206 [2004]), the jury could have reasonably determined that defendants sold "substantially all" of the assets of Rainbow DBS so as to trigger their obligation to plaintiff under...

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