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PUBLICATIONS INTL., LTD. v. PHOENIX INTL. PUBLS., INC.

651334/16, 6220, 6219.

161 A.D.3d 421 (2018)

73 N.Y.S.3d 880

2018 NY Slip Op 03204

Publications International, Ltd., Respondent/Plaintiff/Counterclaim-Defendant-Respondent, v. Phoenix International Publications, Inc., Appellant/Defendant/Counterclaim-Plaintiff-Appellant, et al., Defendant. JRS Distribution Co. et al., Additional Counterclaim-Defendants-Respondents.

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

Decided May 3, 2018.

Even accepting the allegations as true and affording counterclaim plaintiff (Phoenix) every possible favorable inference, we find that the "manipulated returns" counterclaim, which alleges that the drop in merchandise returns was the result of a scheme on the part of counterclaim-defendant Publications International, Ltd. (PIL) to avoid its obligations under section 4.9 of the asset purchase agreement, is conclusory and lacking...

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