Appellate Division of the Supreme Court of the State of New York March 13, 2008 (Gardiner International, Inc. v. J.W. Townsend & Associates, Inc.)

The damage award of 75% of the search placement fee was contemplated by the partnership agreement. Furthermore, it was not against the weight of the evidence, but was based on a valid line of reasoning and permissible inferences (see Cohen v Hallmark Cards, 45 NY2d 493, 498-499 [1978]) by which a rational person could conclude that the search had been initiated by plaintiffs, and that a 75%/25%