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MORWITZ v. DE ANGELIS

5017, 600007/10.

155 A.D.3d 514 (2017)

66 N.Y.S.3d 667

2017 NY Slip Op 08200

VICKI MORWITZ et al., Appellants, v. MOBILI DE ANGELIS et al., Defendants, and CENTRAL PLUMBING SPECIALTIES CO., INC., Respondent.

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

Decided November 21, 2017.

Since a fair interpretation of the evidence supports the determination of the fact finding court, based largely on its assessment of the credibility of the witnesses, that plaintiffs' claims under General Business Law §§ 349 and 350 are without merit, we are obliged to defer to it (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992]). The claims for breach of contract, based on the allegation that defendants promised...

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