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AM KNITWEAR v. EXP.-IMP.

41 N.Y.2d 14 (1976)

A. M. Knitwear Corp., Appellant, v. All America Export-Import Corp., Respondent. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided December 2, 1976.

Attorney(s) appearing for the Case

Gershwin Kurlander and Henry E. Green, New York City, for appellant.

James M. Hughes, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

The issue in this action is whether a seller of goods performed in accordance with its agreement, by loading the goods into a container supplied by the buyer and by notifying the buyer of such loading, so as to shift thereby the risk of loss of the goods to the buyer. We answer this question in the negative and thereby affirm the holding of the Appellate Division.

In June of 1973, the buyer,...

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