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.