Pomerantz Paper Corporation, Plaintiff-Appellant and Cross-Respondent v. New Community Corporation, New Community…

Summary

The Court reversed the Appellate Division and reinstated the trial court's determination that plaintiff failed to prove delivery of most of the goods for which it sought payment, while limiting plaintiff's recovery to $15,000 in conceded unpaid invoices. It also held that the buyer's expert offered inadmissible net opinions, requiring judgment for defendant on the Consumer Fraud Act counterclaim because the remaining evidence did not establish an ascertainable loss or unconscionable pricing. The Court held that the buyer was not required to give written notice of goods that were never delivered because the parties' course of dealing recognized oral notice. No separate opinions were filed.