Order reversed insofar as appealed from, on the law, with $50 costs and disbursements, defendant's motion for summary judgment as to the first, second and third causes of action is granted, and defendant's counterclaims are severed and continued.
On this record, it is clear that plaintiff's causes of action for recovery of moneys allegedly due under the construction contract are barred by an accord and satisfaction. This accord and satisfaction was created when plaintiff...
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