Imaging Intl., Inc. v Hell Graphic Sys., Inc. (2009 NY Slip Op 01699)

Imaging Intl., Inc. v Hell Graphic Sys., Inc.

2009 NY Slip Op 01699 [60 AD3d 450]

March 10, 2009

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, May 6, 2009

Imaging International, Inc., Appellant,
v
Hell Graphic Systems, Inc., et al., Respondents.

—[*1] Edward C. Kramer, New York, for appellant.

Schlam Stone & Dolan LLP, New York (Jonathan Mazer of counsel), for respondents.

Judgment, Supreme Court, New York County (Bernard J. Fried, J.), entered March 24, 2008, awarding plaintiff nominal damages of $1, unanimously affirmed, with costs. Appeal from order, same court and Justice, entered October 29, 2007, unanimously dismissed, without costs, as subsumed in the appeal from the judgment.

We find no basis for disturbing Justice Fried's credibility determinations and we affirm the judgment entered March 24, 2008 for the reasons stated by Justice Fried in his written decision explaining his award of nominal damages to plaintiff (17 Misc 3d 1123[A], 2007 NY Slip Op 52120[U] [2007]). Concur—Tom, J.P., Friedman, Gonzalez, Sweeny and McGuire, JJ.