context: . If there was no proof of any violation of the APO leading to disclosure of a trade secret to defendants, and no issue of the existence of any trade secret disclosed, there would be no issue of fact to be tried. Plaintiffs would not be entitled to a trial in order to call counsel as witnesses solely for the purpose of impeaching them, if that testimony was the only proof of plaintiffs' cause of action. Plaintiff's suspicions as to defendants' dishonesty cannot defeat summary judgment in the absence of other proof of the claim.
citation_a.signal: see
citation_a.parenthetical: reversing jury verdict for plaintiff on ground that mere disbelief of only witness on subject, absent other proof, could not support judgment
citation_a.sentence: See United States v. Eisen, 974 F.2d 246, 262 n. 6 (2d Cir.1992), cert. denied, — U.S. —, 113 S.Ct. 1840, 123 L.Ed.2d 467 (1993); Martin v. Citibank, 762 F.2d 212 (2d Cir.1985) (reversing jury verdict for plaintiff on ground that mere disbelief of only witness on subject, absent other proof, could not support judgment).
citation_b.signal: see also
citation_b.parenthetical: where there is other independent support in the evidence, a jury may draw a negative inference from disbelief of a witness
citation_b.sentence: See also Dyer v. MacDougall, 201 F.2d 265 (2d Cir.1952) (where there is other independent support in the evidence, a jury may draw a negative inference from disbelief of a witness); 1 J. Weinstein & M. Berger, Weinstein’s Evidence ¶ 401[05], at 401-32 n. 16.