HORN CORP. v. BUSHWICK IRON


66 N.Y.2d 321 (1985)

Horn Waterproofing Corp., Appellant, v. Bushwick Iron & Steel Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided October 17, 1985.


Attorney(s) appearing for the Case

Martin Gallent for appellant.

Michael A. Rubin for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.


JASEN, J.

This appeal presents an issue of first impression: whether the common-law doctrine of accord and satisfaction has been superseded by operation of Uniform Commercial Code § 1-207 in situations involving the tender of a negotiable instrument as full payment of a disputed claim.

The relevant facts are uncomplicated. The parties entered into an oral agreement whereby plaintiff was to repair...

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