Order denying defendant's motion for judgment on the pleadings unanimously reversed, on the law, and the motion granted, with costs to appellant, with leave, in the exercise of discretion, to plaintiff to replead.
The complaint, inartful in its allegations, sets forth an executory accord which, from the evidentiary allegations, would appear to lack a writing to evidence it. As such, it would be insufficient (Personal Property Law, § 33-a). However, plaintiff...
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