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KROULEE CORP v. KLEIN & CO

103 Misc.2d 441 (1980)

Kroulee Corporation, Plaintiff, v. A. Klein & Company, Inc., et al., Defendants.

Supreme Court, Special Term, Queens County.

March 10, 1980.

Attorney(s) appearing for the Case

Austrian, Lance & Stewart, P. C., for plaintiff. Finley, Kumble, Wagner, Heine & Underberg for defendants.

FREDERIC E. HAMMER, J.

This is a motion by plaintiff to dismiss defendants' affirmative defense of accord and satisfaction.

In January, 1979, defendants ordered certain aluminum foil from plaintiff. The agreed price was $22,062.45. Delivery was made in June, 1979, and defendants sent the sum of $5,000 to plaintiff on account. Thereafter, a dispute arose between the parties over the condition of the foil and the price. On October

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