429 N.E.2d 829, 445 N.Y.S.2d 150
Court of Appeals of the State of New York.
Decided October 20, 1981
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOSEPH S. CALABRETTA, J.
Page 908
Armand Maurice Pare, Jr., for appellant.
Gary B. Berns for respondents.
On summary consideration, order affirmed, with costs. The record supports the affirmed finding that the parties agreed that the goods were not to be released to the buyer without payment. On that premise, we affirm for the reasons stated in the memorandum at the Appellate Division.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.