I. Kaszirer Diamonds, Ltd. v. Zohar Creations, Ltd.

— Judgment of the Supreme Court, New York County (Irma Vidal Santaella, J.), entered April 15, 1988, which, upon plaintiffs motion for summary judgment, adjudged both defendants liable to plaintiff for money damages, unanimously modified, on the law and the facts, to vacate judgment as against defendant Rudel, and otherwise affirmed, without costs.

Plaintiff seeks to recover the value of diamonds delivered by it to defendant Rudel pursuant to written contract, denominated a "Memorandum”, which placed all risks of loss upon the party taking delivery of merchandise described therein. Although…