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A.M. Knitwear Corp. v. All Am. Export-Import

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1975
50 A.D.2d 558 (N.Y. App. Div. 1975)

Opinion

November 3, 1975


In an action inter alia to recover for goods sold and delivered, a quantity of polyester yarn, defendant appeals from (1) an order of the Supreme Court, Kings County, dated December 9, 1974, which, inter alia, (a) granted plaintiff's motion for summary judgment and (b) denied defendant's cross motion for summary judgment and (2) the judgment of the same court, entered December 24, 1974, upon the said order. Order and judgment reversed, on the law, with $20 costs and disbursements; plaintiff's motion for summary judgment is denied and defendant's cross motion is granted. In our opinion, there was neither physical delivery of the trailer which contained the yarn to the carrier in compliance with the purchase agreement nor delivery within the meaning of subdivision (2) of section 2-401 and section 2-509 (subd [1], par [a]) of the Uniform Commercial Code. Hence, title to and responsibility for the yarn remained with plaintiff (see Avisun Corp. v Mercer Motor Frgt., 37 A.D.2d 517). Rabin, Acting P.J., Martuscello, Latham, Margett and Munder, JJ., concur.


Summaries of

A.M. Knitwear Corp. v. All Am. Export-Import

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1975
50 A.D.2d 558 (N.Y. App. Div. 1975)
Case details for

A.M. Knitwear Corp. v. All Am. Export-Import

Case Details

Full title:A.M. KNITWEAR CORP., Respondent, v. ALL AMERICA EXPORT-IMPORT CORP.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 3, 1975

Citations

50 A.D.2d 558 (N.Y. App. Div. 1975)