Opinion
2004750SC
Decided March 31, 2005.
Appeal by plaintiff from a small claims judgment of the District Court, Suffolk County (J. Flanagan, J.), entered on April 28, 2004, dismissing the action.
Judgment unanimously affirmed without costs.
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
In this small claims action for breach of contract, plaintiff's negotiation of defendants' check representing payment of the arbitrator's award in favor of plaintiff constituted an accord and satisfaction ( see Platt v. Helmsley Spear, 2003 NY Slip Op 50627[U] [App Term, 1st Dept]). There is no evidence contained in the record showing that plaintiff negotiated the check under protest. Furthermore, by accepting the benefit of the arbitrator's award, plaintiff cannot seek a trial de novo ( see Crystal Ridge Assoc. v. Pascal, 2003 NY Slip Op 50669[U] [App Term, 2d 11th Jud Dists]). Thus, there is no basis to disturb the judgment of the court below.