Order unanimously reversed, on the law, without costs, and judgment of Town of Adams Justice Court reinstated.
Memorandum:
In this action to recover attorney's fees, County Court erroneously held that plaintiff's acceptance of a check bearing the legend on the front, "final payment paid in full," constituted an accord and satisfaction. Accord and satisfaction is an affirmative defense which must be proven by the party asserting the claim (19 NY Jur 2d, Compromise...
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