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CIT Group/Factoring Manufacturers Hanover, Inc. v. Supermarkets General Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 278 (N.Y. App. Div. 1991)

Opinion

April 11, 1991

Appeal from the Supreme Court, New York County (Edward Greenfield, J.).


Plaintiff, a factoring firm, brings this action for goods sold and delivered to the defendant, which is alleged to have accepted substantial goods from plaintiff's assignor. In an answer to an interrogatory propounded by plaintiff, defendant acknowledged a liability to plaintiff's assignor in the amount of $57,043.66, without qualification or caveat. Defendant's conclusory and unsupported attempt to explain away this admission is insufficient to sustain its burden in opposing a motion for summary judgment (see, Tobron Off. Furniture Corp. v. King World Prods., 161 A.D.2d 355).

We have considered the defendant's remaining arguments, and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Wallach, Asch and Kassal, JJ.


Summaries of

CIT Group/Factoring Manufacturers Hanover, Inc. v. Supermarkets General Corp.

Appellate Division of the Supreme Court of New York, First Department
Apr 11, 1991
172 A.D.2d 278 (N.Y. App. Div. 1991)
Case details for

CIT Group/Factoring Manufacturers Hanover, Inc. v. Supermarkets General Corp.

Case Details

Full title:CIT GROUP/FACTORING MANUFACTURERS HANOVER, INC., Respondent, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 11, 1991

Citations

172 A.D.2d 278 (N.Y. App. Div. 1991)