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GEM DRYWALL CORP. v. C. SCIALDO & SONS, INC.

34 A.D.2d 1063 (1970)

Gem Drywall Corporation, Respondent, v. C. Scialdo & Sons, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 30, 1970

MEMORANDUM BY THE COURT.

Upon the original motion for summary judgment, Special Term, in denying the motion, found inter alia that defendants had shown a meritorious defense of accord and satisfaction. Subsequently, and as the basis of this appeal, Special Term found that since the defendants had not sought to plead the defense of accord and satisfaction, they did not intend to assert it as a defense. The defendants...

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