SEV-KON TEKSTIL SANAYI VE DIS TICARET LTD. v. JBM INTERNATIONAL, LLC

1487. 1487A.

67 A.D.3d 524 (2009)

888 N.Y.S.2d 505

2009 NY Slip Op 08463

SEV-KON TEKSTIL SANAYI VE DIS TICARET LTD. et al., Appellants, v. JBM INTERNATIONAL, LLC, Respondent.

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

Decided November 17, 2009.


In this action for, inter alia, goods sold and delivered, the trial court's findings, which "rest[ed] in large measure on considerations relating to the credibility of the witnesses" (Claridge Gardens v Menotti, 160 A.D.2d 544, 545 [1990]), were based upon a fair interpretation of the evidence. Although defendant initially acknowledged an agency relationship in its answer (see CPLR...

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