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GEM SOURCE INTERNATIONAL, LTD. v. GEMWORKS N. S., L. L. C.

258 A.D.2d 373 (1999)

685 N.Y.S.2d 682

GEM SOURCE INTERNATIONAL, LTD., Appellant, v. GEMWORKS N. S., L. L. C., Formerly Known as GEM WORKS, N. S., L. L. C., Respondent.

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

Decided February 23, 1999.

Plaintiff is entitled to summary judgment in this action for goods sold and delivered. The parties negotiated a series of consignment contracts whereby plaintiff supplier would deliver diamonds to defendant jewelry manufacturer, on a "gentlemen's agreement" that payment need not be made until the jewelry was ultimately sold to a buyer. Admittedly, Tiffany & Co. was the ultimate wholesale purchaser of all of this jewelry from...

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