Opinion
April 8, 1985
Appeal from the Supreme Court, Orange County (Bradley, J.).
Judgment affirmed, with costs.
Special Term properly granted plaintiff's motion for summary judgment in the sum of $166,152.03. It is uncontested that defendants owed plaintiff that sum. Furthermore, the asserted defenses of novation, accord and satisfaction, and equitable estoppel are without merit ( see, Fuller v. Kemp, 138 N.Y. 231; Donemore Clothing Co. v. Shapiro, 202 N.Y.S 258; Cantasano v Courtney, 98 Misc. 623; McLaughlin v. Gillings, 18 Misc. 56). Titone, J.P., Bracken, Rubin and Lawrence, JJ., concur.