Opinion
March 12, 1996
Appeal from the Supreme Court, Suffolk County (William Underwood, Jr., J.).
The IAS Court correctly found that the documents comprising the parties' contract are unambiguous in requiring that defendant not release the goods to the buyer without payment ( see, e.g., Brooklyn Overall Export Co. v Amerford Intl. Corp., 83 A.D.2d 598, affd 54 N.Y.2d 907). It is irrelevant whether, in this particular transaction, defendant acted as a common carrier or merely as a freight forwarder, since loss of or damage to goods is not involved. We have considered defendant's other arguments and find them to be without merit.
Concur — Rosenberger, J.P., Ellerin, Rubin, Kupferman and Tom, JJ.