Order entered on August 18, 1960 denying defendant's motion for summary judgment unanimously reversed on the law and on the facts, with $20 costs and disbursements to appellant and the motion granted, with $10 costs. Order entered on August 18, 1960 denying plaintiff's cross motion for summary judgment unanimously affirmed, with $20 costs and disbursements to the respondent.
The acceptance and negotiation by the plaintiff of the defendant's check constituted an accord...
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