Opinion
January 22, 1991
Appeal from the Supreme Court, New York County (Myriam Altman, J.).
We affirm for the reasons stated by Altman, J., at IAS Part 14. We would only add that since it is undisputed that defendants owed plaintiff the sum of $7,000, the payment by check of said sum, even with the condition attached, was not unequivocally indicative of a settlement of the disputed amount for additional work. Thus, a triable issue is presented as to the defense of accord and satisfaction.
Concur — Kupferman, J.P., Sullivan, Ross, Ellerin and Rubin, JJ.