Opinion
December 29, 1995
Appeal from the Surrogate's Court, Suffolk County (Signorelli, S.).
Ordered that the decree is affirmed insofar as appealed from, without costs or disbursements.
We agree with the Surrogate's determination that the voucher and release waiver was predicated upon a binding contract entered into between the appellant, the decedent's spouse, and his estate. The evidence adduced at the trial indicates that the executrix of the estate made an unqualified offer to settle all of the appellant's claims for $10,000 and that she unconditionally accepted that offer. Such an offer and acceptance produces a binding contract (see, Barber-Greene Co. v M.F. Dollard, Jr., Inc., 239 App. Div. 655, affd 267 N.Y. 545; 21 N.Y. Jur 2d, Contracts, § 6).
The appellant's remaining contentions are without merit. Balletta, J.P., O'Brien, Santucci and Florio, JJ., concur.