CONDO v. MULCAHY


88 A.D.2d 497 (1982)

Michele Condo, Respondent, v. Patrick Mulcahy, Appellant

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

September 20, 1982


Attorney(s) appearing for the Case

Nathan Cyperstein (Alvin P. Bluthman on the brief), for appellant.

Richard Kranis, P. C. (Stephen Levine on the brief), for respondent.

TITONE, J. P., NIEHOFF and RUBIN, JJ., concur.


LAZER, J.

This appeal concerns the right of a defendant in a personal injury action to enforce a settlement agreement which the plaintiff repudiated after delivering a general release and stipulations of discontinuance but before receiving any money. The case turns upon the statutory rule that an agreement to accept a future performance to discharge a present cause of action is an executory accord and, if supported by a sufficient memorandum, it is enforceable...

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