Pomerantz Paper Corp. v. New Community Corp., A-41/42 September Term 2010; Supreme Court; opinion by Hoens, J.; decided July 25, 2011. On certification to the Appellate Division. [Sat below: Judges R.B. Coleman, Sabatino and Simonelli in the Appellate Division; Judge Tolentino in the Law Division.] DDS No. 11-1-3029 [45 pp.]
Plaintiff Pomerantz Paper Corporation, which sells paper, building and janitorial supplies to institutional and large-scale residential customers, and defendant New Community Corporation, a nonprofit corporation that provides housing, medical and senior services to low-income people, have been doing business for more than 15 years. Defendant would send plaintiff a purchase order that plaintiff would use to create a delivery slip. As each item was placed on the delivery truck, plaintiff’s employee would place a check mark next to it. After delivery, plaintiff’s driver would have one of defendant’s employees sign the delivery slip. Thereafter, one of defendant’s employees would put a check next to each item as it was unpacked. Defendant’s director of environmental services testified that items would routinely be missing and that he would call plaintiff’s vice president to report the missing items. Plaintiff acknowledged this practice.
