INT. FIREPROOF DOOR v. ACME BLDRS.


69 Misc.2d 299 (1972)

International Fireproof Door Co., Inc., Respondent, v. Acme Builders, Inc., Appellant.

Supreme Court, Appellate Term, Second Department.

February 18, 1972


Attorney(s) appearing for the Case

Jarvis, Pilz, Buckley & Treacy (Emanuel F. Abbate and Bruce J. Bergman of counsel), for appellant. Sarisohn, Thierman & Sarisohn for respondent.

Concur — HOGAN, P. J., GLICKMAN and McCULLOUGH, JJ.


Per Curiam.

Plaintiff conceded that it certified and retained a check marked "Payment in Full" enclosed in a covering letter setting forth and itemizing the deductions claimed and stating the check would constitute full and final payment of the account. The certification of the check was an acceptance thereof by plaintiff (Uniform Commercial Code, § 3-411, subd. [1]; Welch v. Bank of Manhattan Co., 264...

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