Sternheim v. Silver Bell of Roslyn, Inc.

By its special verdict (CPLB 4111), the jury established (and to the extent the jury made no determination, I find) that on the morning of September 12,1969, the defendant, Silver Bell, a Long Island jewelry retailer, ordered from the plaintiff, a Manhattan-based jewelry wholesaler, an ‘ ‘ assortment ’ ’ of diamond rings to be exhibited to a customer of Silver Bell. In accordance with Silver Bell’s instructions, the plaintiff turned five rings over to the defendant, SS & K, a jewelry area contract carrier, in a package addressed to Silver Bell. It is uncontested that Silver Bell was SS & K’s…