DARIO MARCHIONE GEN. CONTRACTOR, INC. v. CASSARA-ASSOCS.


129 A.D.2d 973 (1987)

Dario Marchione General Contractor, Inc., Respondent, v. David R. Cassara-Associates et al., Appellants

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

April 3, 1987


Order unanimously affirmed with costs.

Memorandum:

Defendant appeals from Special Term's order which denied its motion to dismiss based on documentary evidence and payment. On appeal defendant asserts that dismissal should be granted because there has been an accord and satisfaction. We disagree. Inasmuch as this ground for dismissal was not raised at Special Term, it will not be considered on appeal (see

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