TOWN & COUNTRY SWIMMING POOLS, INC. v. PRECO CHEM. CORP.


96 A.D.2d 509 (1983)

Town & Country Swimming Pools, Inc., Appellant, v. Preco Chemical Corporation, Respondent

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

July 5, 1983


Judgment reversed, on the law and the facts, with costs, plaintiff is granted judgment on the issue of liability and the case is remitted to the Supreme Court, Nassau County, for a trial on the issue of damages.

"It is * * * well settled that where a debtor tenders less than full payment of a disputed unliquidated claim, there must be a clear manifestation of intent by the debtor that the payment is in full satisfaction of the disputed claim" (Boyle v American...

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