Am Knitwear v. Exp.-Imp.

41 N.Y.2d 14 (1976)

A. M. Knitwear Corp., Appellant,

v.

All America Export-Import Corp., Respondent. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Argued October 14, 1976.

Decided December 2, 1976.

Gershwin Kurlander and Henry E. Green, New York City, for appellant.

James M. Hughes, New York City, for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.

COOKE, J.

The issue in this action is whether a seller of goods performed in accordance with its agreement, by loading the goods into a container supplied by the buyer and by…