Opinion
April 20, 1987
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the order is affirmed, with costs.
Contrary to the plaintiffs' contentions, the defendant's motion for summary judgment was not untimely so as to require its denial, even though it was made on the eve of trial, since the motion was clearly meritorious and, under CPLR 3212 (a), it could be made at any time after issue had been joined (see, Kule Resources v Reliance Group, 49 N.Y.2d 587; Carvel Corp. v Burstein, 99 A.D.2d 935, affd 62 N.Y.2d 638). The defendant asserted a valid and complete defense of accord and satisfaction since the plaintiff, Amelia Crandall, had negotiated a draft which clearly stated that its indorsement was an "acknowledgment of full settlement * * * of claims * * * for * * * injury" and it was made in payment for "Damages resulting from bodily injury due to an occurrence on or about 1/2/82" (see, Merrill Lynch Realty/Carll Burr, Inc. v Skinner, 63 N.Y.2d 590, rearg denied 64 N.Y.2d 885). The plaintiffs' attempt to introduce evidence of a prior oral representation is of no avail because, under the parol evidence rule, conditions precedent which contradict, vary or negate the express terms of an agreement are inadmissible (see, Hicks v Bush, 10 N.Y.2d 488). Thompson, J.P., Brown, Niehoff and Rubin, JJ., concur.