Legal Opinion

Think Pink, Inc. v. Rim, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 2005PublishedCited by 3 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered June 30, 2004, which, after a nonjury trial, dismissed the complaint, unanimously affirmed, without costs.

There is no reason to disturb the trial court’s determination, which was based on a fair interpretation of the evidence, turning largely on credibility (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]). Contrary to plaintiffs contention, there was no basis for a missing document charge since defendant did not fail to comply with a discovery order. We disagree with plaintiff’s interpretation of that order…

2Cases cited3 opinions

  1. Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
  2. Ashland Management Inc. v. JanienNew York Court of Appeals · 1993
  3. Abbott v. Memorial Sloan-Kettering Cancer CenterAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by3 opinions

  1. Haynes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016
  2. Chichilnisky v. Trustees of Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2008
  3. Haynes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2016

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