Order unanimously affirmed, without costs.
Memorandum:
We agree that Sentry was not entitled to summary judgment dismissing the complaint but our analysis differs from that of Special Term. There is no question that acceptance of the check was conditional. Sentry's notices to plaintiff were unambiguous in providing that "[c]hecks and drafts are accepted subject to collection." Sentry's April 5 letter, however, raises a factual issue regarding waiver of the...
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