CIT GROUP/FACTORING MFRS. HANOVER, INC. v. SUPERMARKETS GEN. CORP.


172 A.D.2d 278 (1991)

CIT Group/Factoring Manufacturers Hanover, Inc., Respondent, v. Supermarkets General Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 11, 1991


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...

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