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LA CASSE v. BLAUSTEIN

93 Misc.2d 572 (1978)

Mark La Casse, Plaintiff, v. Stan Blaustein et al., Defendants.

Civil Court of the City of New York, New York County.

March 20, 1978

Attorney(s) appearing for the Case

Mark La Casse, plaintiff pro se. Goldstein & Anderman (Jack Goldstein of counsel), for defendants.

BURTON S. SHERMAN, J.

In this nonjury action, the plaintiff buyer seeks damages from the seller for loss of a shipment in transit. The issue is whether under the law of sales the buyer or the seller shall bear the risk and suffer the loss.

Section 2-509 of the Uniform Commercial Code states:

"(1) Where the contract requires or authorizes the seller to ship the goods by carrier "(a...

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