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KRUCENSKI v. LORENZO

21 Misc.2d 652 (1960)

Joseph L. Krucenski, Respondent, v. Vic Lorenzo, Doing Business as Vic's Collision Service, Appellant.

County Court, Niagara County.

February 1, 1960.

Attorney(s) appearing for the Case

Levine & Loncto for appellant.

Hovey & Kushner for respondent.

FRANK J. KRONENBERG, J.

The judgment of the Niagara Falls City Court is affirmed.

This case, involving $40, presented to the trial court the question (which, as noted in Langlois v. Langlois, 5 A.D.2d 75, has "little rational basis") whether a settlement of a claim was an executory accord or a novation.

Plaintiff was dissatisfied with repair work done by defendant on plaintiff's automobile. He...

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