Standard Fruit & Steamship Co. v. Russo

— In an action to recover for goods sold and delivered, plaintiff appeals from an order of the Supreme Court, Kings County, dated June 21, 1978, which recalled the judgment previously granted in favor of plaintiff and allowed defendant Frank Russo to serve an amended answer. Order reversed, on the law, with $50 costs and disbursements, and judgment reinstated. In March, 1977 the plaintiff commenced an action against the defendants to recover payment for the sale and delivery of bananas. The essential cause of action was stated in the second paragraph of the plaintiff’s verified complaint. The…