Budco Associates, Inc. v. Royal Exchange Assurance of America

Judgment in plaintiffs favor entered in the office of the clerk of the Supreme Court, New York County, on September 5, 1975, unanimously affirmed, with $60 costs and disbursements to respondent. Issues of credibility in the conflicting testimony between plaintiffs general manager and the truckman delivering parts for a roller coaster to the amusement park, as to whether plaintiff accepted delivery of the two cases in plaintiffs parking lot were properly given to the jury. In addition, the court correctly submitted to the jury the question whether said goods were "in transit” or had been…