Issues were presented in respect of the alleged payment by defendant and whether or not there was in fact an accord and satisfaction. Moreover, the prohibition of section 347 of the Civil Practice Act applies to evidence in affidavits on a motion for summary judgment as well as to testimony upon a trial (Ditkoff v. Prudential Sav. Bank, 245 App. Div. 748). But it has been held that on a motion for...
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