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WINSON GEMS v. D GUMBINER

85 A.D.2d 69 (1982)

Charles F. Winson Gems, Inc., Respondent, v. D. Gumbiner, Inc., Appellant, and Murray Schwartzman, Respondent

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

February 23, 1982

Attorney(s) appearing for the Case

Alexander Yunis for appellant.

Arthur I. Winard of counsel (Mark L. Rosenfeld with him on the brief; Arthur I. Winard, P. C., attorney), for respondent.

KUPFERMAN, J. P., SANDLER and MARKEWICH, JJ., concur.

LUPIANO, J.

Carl Fazio, the owner of a cat's eye gem ring, delivered the ring to H. W. Beattie & Sons, a jewelry dealer, in November, 1976, for the purpose of securing an offer for its purchase. Beattie, in turn, sent the ring to plaintiff Charles F. Winson Gems, Inc. (hereinafter Winson), also a jewelry dealer, for the purpose of securing an offer. Winson then delivered the ring to defendant D. Gumbiner, Inc., a dealer, on or about February 10, 1977...

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