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TABIBNIA SRL v. KHALEDI ORIENTAL RUGS, INC.

6928, 651928/11.

162 A.D.3d 552 (2018)

80 N.Y.S.3d 23

2018 NY Slip Op 04643

Tabibnia SRL, Respondent, v. Khaledi Oriental Rugs, Inc., et al., Appellants.

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

Decided June 21, 2018.

A fair interpretation of the evidence supports the trial court's finding, based largely on its assessment of witness credibility, that defendants breached the parties' partnership agreement (see Morwitz v De Angelis, 155 A.D.3d 514 [1st Dept 2017]). While the parties did not enter into a written agreement, the court correctly found that a partnership existed based on the "conduct, intention, and relationship between the parties"...

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