Strategic Domain, Inc. v. Medsite, Inc.

Judgment, Supreme Court, New York County (Helen Freedman, J.), entered February 14, 2002, after a nonjury trial, dismissing the complaint in an action by an advertising agency to recover three months of fees under a 90-day termination provision allegedly contained in an oral contract, unanimously affirmed, without costs.

The weight of the evidence supports the trial court’s finding, largely one of credibility (see Thoreson v Penthouse Intl., 80 NY2d 490, 495 [1992]), that the subject oral contract, pursuant to which plaintiff provided advertising services to defendant pending negotiation of a…