Opinion
6102–6103 Index 602921/07
03-27-2018
PSKW, LLC, etc., Plaintiff–Appellant, v. MCKESSON SPECIALTY ARIZONA, INC., Defendant–Respondent.
Hodgson Russ LLP, Buffalo (Robert J. Lane, Jr. of counsel), for appellant. Covington & Burling LLP, New York (Clara J. Shin of the bar of the State of California, admitted pro hac vice, of counsel), for respondent.
Hodgson Russ LLP, Buffalo (Robert J. Lane, Jr. of counsel), for appellant.
Covington & Burling LLP, New York (Clara J. Shin of the bar of the State of California, admitted pro hac vice, of counsel), for respondent.
Mazzarelli, J.P., Andrias, Webber, Oing, Moulton, JJ.
Appeal from order, Supreme Court, New York County (Saliann Scarpulla, J.), entered February 10, 2017, deemed an appeal from judgment ( CPLR 5520[c] ), same court and Justice, entered March 9, 2017, after a nonjury trial, dismissing the complaint, and so considered, said judgment unanimously affirmed, with costs.
Since a fair interpretation of the evidence supports the determination of the fact-finding court, based largely on its assessment of the credibility of the witnesses, that defendant did not misappropriate plaintiff's purported trade secrets concerning multi-payer coordination of benefits prescription drug loyalty cards, we are obliged to defer to it (see Thoreson v. Penthouse Intl., 80 N.Y.2d 490, 495, 591 N.Y.S.2d 978, 606 N.E.2d 1369 [1992] ).