CONT INF SYS. v. MUT LIFE


77 A.D.2d 316 (1980)

Continental Information Systems Corporation, Appellant, v. Mutual Life Insurance Company of New York, Respondent

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

November 13, 1980


Attorney(s) appearing for the Case

Lombardi, Devorsetz, Stinziano & Smith (William J. Gilberti of counsel), for appellant.

Samuel C. Cantor (James Corcoran of counsel), for respondent.

DILLON, P. J., CARDAMONE, SIMONS and WITMER, JJ. concur.


CALLAHAN, J.

The issue presented is whether on the facts herein there was a valid accord and satisfaction as determined by the court or whether plaintiff made a proper reservation of rights within the purview of section 1-207 of the Uniform Commercial Code.

The plaintiff-appellant Continental Information Systems Corp. (CIS) sells computers. It acquires favorable "on order" positions with IBM, then markets...

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