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LEASING CONTROL INC. v. RED ROOF INNS, INC.

Index No. 651860/13. Appeal No. 12602. Case No. 2019-4617.

189 A.D.3d 503 (2020)

133 N.Y.S.3d 804

2020 NY Slip Op 07457

Leasing Control Inc., Appellant, v. Red Roof Inns, Inc., Respondent.

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

Decided December 10, 2020.

Attorney(s) appearing for the Case

Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, New York ( Clifford A. Katz of counsel), for appellant.

Lewis Brisbois Bisgaard & Smith LLP, New York ( Brian Pete of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.

The trial court's finding that plaintiff failed to prove contractual performance and damages, which was largely based on credibility determinations, was supported by a fair interpretation of the admitted evidence (Security Pac. Natl. Bank v Evans, 175 A.D.3d 410, 411 [1st Dept 2019], appeal dismissed 34 N.Y.3d 1088 [2020]). Plaintiff called only one witness at trial, who had no actual knowledge of the services for...

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