Opinion
Submitted December 19, 1924
Decided January 21, 1925
Appeal from the Supreme Court, Appellate Division, Second Department.
Ralph Stout and Harry S. Austin for appellant.
Paul Koch and Charles O. Truex for respondent.
Affirmed upon the authority of Brassel v. Electric Welding Company ( 239 N.Y. 78). The affidavit sets forth facts sufficient to show an accord and satisfaction or a release by a payment in full within the purport and meaning of subdivision 7 of rule 107 of the Rules of Civil Practice.
The judgment should be affirmed, with costs.
HISCOCK, Ch. J., CARDOZO, POUND, CRANE, ANDREWS and LEHMAN, JJ., concur; McLAUGHLIN, J., absent.
Judgment affirmed.