G.S. SCHWARTZ & CO., INC., plf-res, v. NOBLE GIFT PACKAGING, INC., def-app

13-150 G.S. SCHWARTZ & CO., INC., plf-res, v. NOBLE GIFT PACKAGING, INC., def-app, — Judgment (Andrea Masley, J.), entered November 29, 2011, modified to reduce plaintiff's damage award to the principal sum of $28,372; as modified, judgment affirmed, without costs.

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13-150 G.S. SCHWARTZ & CO., INC., plf-res, v. NOBLE GIFT PACKAGING, INC., def-app, — Judgment (Andrea Masley, J.), entered November 29, 2011, modified to reduce plaintiff’s damage award to the principal sum of $28,372; as modified, judgment affirmed, without costs.

Contract liability was properly imposed on defendant, since the weight of the trial evidence supports a finding that plaintiff made reasonable efforts to perform the public relations work contemplated by the parties’ letter agreement and, further, that plaintiff was justified in terminating the agreement based on defendant’s repeated payment defaults and demonstrated lack of cooperation. The record shows that plaintiff undertook several major marketing and media projects at defendant’s behest, including a number of those that were outlined in the promotional plan presented to defendant prior to execution of the letter agreement, and at least one additional project — the preparation of defendant’s sales catalogue — that was not initially contemplated by the parties. “On a bench trial, the decision of the factfinding court should not be disturbed on appeal unless it is obvious that the court’s conclusions could not be reached under any fair interpretation of the evidence, especially when the findings of fact rest in large measure on considerations relating to the credibility of witnesses’” (Thoreson v. Penthouse, Intl., 179 AD2d 29, 31 [1992], affd 80 NY2d 490 [1992], quoting Claridge Gardens v. Menotti, 160 AD2d 544, 544-545 [1990]).

G.S. SCHWARTZ & CO., INC., plf-res, v. NOBLE GIFT PACKAGING, INC., def-app

13-150 G.S. SCHWARTZ & CO., INC., plf-res, v. NOBLE GIFT PACKAGING, INC., def-app, — Judgment (Andrea Masley, J.), entered November 29, 2011, modified to reduce plaintiff's damage award to the principal sum of $28,372; as modified, judgment affirmed, without costs.

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