Plaintiff has failed to establish that the defense of accord and satisfaction and the defense of release are sham. Defendant is entitled to the benefit of each of these two defenses, either or both of which may be sustained by adequate proof upon the trial.
Order unanimously modified by reversing that portion of the order which strikes out the defense of release, and by denying the motion with respect thereto and, as so modified, affirmed, with $20 costs and disbursements...
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