Gardiner International, Inc. v. J.W. Townsend & Associates, Inc.

Appellate Division of the Supreme Court of New York

Gardiner International, Inc. v. J.W. Townsend & Associates, Inc.

49 A.D.3d 388, 852 N.Y.2d 776

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

DecidedMarch 13, 2008

StatusPublished

This text of 49 A.D.3d 388 (Gardiner International, Inc. v. J.W. Townsend & Associates, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gardiner International, Inc. v. J.W. Townsend & Associates, Inc., 49 A.D.3d 388, 852 N.Y.2d 776 (N.Y. Ct. App. 2008).

Pincite

Opinion

The damage award of 75% of the search placement fee was contemplated by the partnership agreement. Furthermore, it was not against the weight of the evidence, but was based on a valid line of reasoning and permissible inferences (see Cohen v Hallmark Cards, 45 NY2d 493, 498-499 [1978]) by which a rational person could conclude that the search had been initiated by plaintiffs, and that a 75%/25% payment allocation was to be based solely on initiation and not placement.

Plaintiffs did not plead, prove, argue or obtain a jury instruction regarding an alleged credit, so the jury did not err in failing to take any credit into account. We have considered defendants’ remaining arguments and find them without merit. Concur-Tom, J.P, Saxe, Gonzalez and Buckley, JJ. [See 2006 NY Slip Op 30376(U).]

Free access — add to your briefcase to read the full text and ask questions with AI

The damage award of 75% of the search placement fee was contemplated by the partnership agreement. Furthermore, it was not against the weight of the evidence, but was based on a valid line of reasoning and permissible inferences (see Cohen v Hallmark Cards, 45 NY2d 493, 498-499 [1978]) by which a rational person could conclude that the search had been initiated by plaintiffs, and that a 75%/25% payment allocation was to be based solely on initiation and not placement.

Plaintiffs did not plead, prove, argue or obtain a jury instruction regarding an alleged credit, so the jury did not err in failing to take any credit into account. We have considered defendants’ remaining arguments and find them without merit. Concur-Tom, J.P, Saxe, Gonzalez and Buckley, JJ. [See 2006 NY Slip Op 30376(U).]

Cite This Page — Counsel Stack

Bluebook (online)

49 A.D.3d 388, 852 N.Y.2d 776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardiner-international-inc-v-jw-townsend-associates-inc-nyappdiv-2008.

Opinion

Related

Cite This Page — Counsel Stack