A New York judge has reversed an award in a case involving a dispute over a delivery of a portion of a trailer load of tomatoes to a Hunts Point Terminal Market produce company.

In a July 2009 U.S. Department of Agriculture Perishable Agricultural Commodities Act proceeding, a judge ruled that Morris Okun Inc., New York, had converted 400 boxes from a 1,600-box load of Florida-grown roma tomatoes that was purchased by Mr. Sprout Inc., New York.

Though the USDA"s administrative judge sided with Mr. Sprout, the judicial officer ruled Okun was entitled to withhold 20% or $2,000 of the $10,000 total shipment for profit and handling, according to court records.

On March 19, a U.S. District Court, Southern District of New York, judge reversed that award and ordered Okun to pay Mr. Sprout the $2,000.

"There is no basis in common or statutory law for a party who has been found to be converter of goods to be awarded anything for profit and handling," U.S. District Judge Deborah Batts wrote in her opinion.