A. M. KNITWEAR CORP. v. ALL AM. EXP.-IMP. CORP.


50 A.D.2d 558 (1975)

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

Appellate Division of the Supreme Court of the State of New York, Second Department.

November 3, 1975


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...

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