McMAHON v. PFISTER


39 A.D.2d 691 (1972)

Gerald J. McMahon et al., Plaintiffs, v. Rose M. Pfister et al., Defendants Rose M. Pfister et al., Respondents, v. Octavius A. Orbe et al., Appellants et al., Defendants

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

May 23, 1972


Unanimously affirmed, without costs and without disbursements.

The issue is whether an attorney can plead as a defense to his client's suit to recover for breach of the attorney-client relationship an accord and satisfaction based on the delivery to the client of the client's own property against payment in full of the attorney's bills. There is no allegation that the counterclaims asserted against defendant law firm were ever settled or compromised in any manner...

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