Am. Minority Petroleum, Inc. v. Vafai, 237 A.D.2d 105 (N.Y. App. Div. 1997). · Go Syfert
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Am. Minority Petroleum, Inc. v. Vafai, 237 A.D.2d 105 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
6 citation events (2 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Ruffin (nyappdiv, 2021-02-25)
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discussed Cited as authority (rule) People v. Ruffin
N.Y. App. Div. · 2021 · confidence medium
Here, however, the victim was unavailable to testify for them on the retrial [FN6] and, therefore, County Court did not err in instructing the jury — in response to defense counsel's summation noting the victim's absence — that it "must not draw any inference favorable or unfavorable to either side from the fact that the victim was not called as a witness in the case" ( see People v Wood , 245 AD2d 200 , 201 [1997], lv denied 91 NY2d 946 [1998]; People v Parks , 237 AD2d 105, 105 [1997], lv denied 90 NY2d 862 [1997]; People v Ramirez , 221 AD2d 178 , 179 [1995], lv denied 87 NY2d 1023 [199…
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American Minority Petroleum, Inc.
v.
John Vafai
Appellate Division of the Supreme Court of the State of New York.
Mar 4, 1997.
237 A.D.2d 105
1997 N.Y. App. Div. LEXIS 2136
Published

Judgment, Supreme[*106] Court, New York County (Harold Tompkins, J.), entered December 22, 1995, which, after nonjury trial of this breach of contract claim, awarded plaintiff the principal sum of $150,000, unanimously affirmed, with costs.

There was no evidence that defendant performed any of the services for which he was retained by plaintiff. Since defendant failed to perform any of his obligations, he is not entitled to retain any portion of the $150,000 paid to him. This is not a case, as defendant suggests, where he performed his obligations but was ultimately unsuccessful in his negotiations. The court properly refused to admit the English translations of Russian documents where defendant failed to authenticate them as required by CPLR 4542. Concur—Rosenberger, J. P., Ellerin, Tom and Mazzarelli, JJ.