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H. SAND & CO., INC. v. AIRTEMP CORP.

No. 1099, Docket 90-7879.

934 F.2d 450 (1991)

H. SAND & CO., INC., Plaintiff-Appellant, v. AIRTEMP CORPORATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 3, 1991.

Attorney(s) appearing for the Case

Stuart J. Moskovitz, (Berman, Paley, Goldstein & Berman, New York City, of counsel), for plaintiff-appellant.

John B. Sherman (Weisman, Celler, Spett & Modlin, New York City, of counsel), for defendant-appellee.

Before OAKES, Chief Judge, CARDAMONE and MAHONEY, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal centers on the date of delivery of four chillers used in the air conditioning system at the New York Port Authority Bus Terminal Building in Manhattan. Unlike beauty, the delivery of property is not in the eye of the beholder. That is a subjective notion, while the transfer of goods occurs when the facts of delivery are objectively established.

The appellant, H. Sand & Co., Inc. (Sand), ordered the chillers in 1977...

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