SCHLEIMER v. GOOGE


50 A.D.2d 944 (1975)

Irene Schleimer, Appellant, v. Herman Googe, Respondent, et al., Defendant

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

December 31, 1975


Judgment affirmed, with costs.

The finding of the trial court that respondent had not entered into a valid and binding contract with the seller was clearly supported by the weight of the evidence. Furthermore, the evidence established that the seller never tendered delivery of the automobile in question, and, under the circumstances not only did the risk of loss remain upon it (Uniform Commercial Code, § 2-509, subd...

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