JORDAN, II v. KENTSHIRE GALLERIES, LTD.


282 A.D.2d 319 (2001)

723 N.Y.S.2d 456

JOHN W. JORDAN, II, Appellant, v. KENTSHIRE GALLERIES, LTD., et al., Respondents.

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

Decided April 17, 2001.


The record is devoid of evidence that the seller agreed to ship the item to a particular destination (see, UCC 2-503, Comment 5). Indeed, since it is undisputed that the buyer's decorator asked the seller to recommend a carrier, that the seller recommended the art packer, and that the buyer paid the shipping costs by check made out to the art packer, it is clear that the buyer expected the seller only to put the item in the possession of the art packer and make such...

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