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GOLD BAR REFINERY CORP. v. SO ACCURATE GROUP, INC.

653275/14, 6890, 6889, 6888.

162 A.D.3d 510 (2018)

78 N.Y.S.3d 95

2018 NY Slip Op 04440

Gold Bar Refinery Corp. et al., Respondents, v. So Accurate Group, Inc., Appellant.

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

Decided June 14, 2018.

The trial court's dismissal of defendant's counterclaims is not supported by a fair interpretation of the evidence (see Thoreson v Penthouse Intl., 80 N.Y.2d 490, 495 [1992]). Plaintiffs' witnesses testified consistent with the second amended complaint that they had reached an agreement with defendant as to a locked-in price of $1,565.00 per troy ounce of gold for 1,370.48 troy ounces. Defendant's witnesses testified that the $1...

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