Sabol Sports L. L. C. v. Nassau Precision Casting Co.

—Judgment, Supreme Court, New York County (Ira Gammerman J., and a jury), entered January 28, 1999, dismissing the complaint, and awarding defendant damages on its counterclaim in the principal amount of $300,000, with interest, costs and disbursements, unanimously affirmed, without costs.

There is no merit to plaintiffs claim that the trial court failed to recognize the ambiguity in the parties’ August 22, 1997 agreement insofar as it referred to approved “samples”. On the contrary, the trial court allowed extensive parol testimonial and documentary evidence as to whether the finish of the…