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

— Judgment, Supreme Court, New York County (Martin Evans, J.), entered May 23, 1991, which, upon jury verdict, awarded plaintiff $194,542.94 plus interest, costs and disbursements, affirmed, with costs.

In this action for goods sold and delivered, plaintiff alleged, in paragraph 4 of the complaint, "That, heretofore and between August 1, 1987 and February 28, 1989, plaintiff’s assignor [Eagle], sold and delivered to defendant and defendant accepted and retained certain goods, wares and merchandise at the agreed price and reasonable value of $525,911.00.”

*455The three-paragraph answer specifically…