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Carmichael v. Hoover Institution on War

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1991
169 A.D.2d 539 (N.Y. App. Div. 1991)

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.


Summaries of

Carmichael v. Hoover Institution on War

Appellate Division of the Supreme Court of New York, First Department
Jan 22, 1991
169 A.D.2d 539 (N.Y. App. Div. 1991)
Case details for

Carmichael v. Hoover Institution on War

Case Details

Full title:JOEL CARMICHAEL, Respondent, v. HOOVER INSTITUTION ON WAR, REVOLUTION AND…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 22, 1991

Citations

169 A.D.2d 539 (N.Y. App. Div. 1991)