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ROSS v. MAIL ORDER MERCH., INC.

128 A.D.2d 514 (1987)

Carl M. Ross et al., Respondents, v. Mail Order Merchandising, Inc., Appellant

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

March 2, 1987

Ordered that the judgment is affirmed, with costs.

Under the facts of this case, in which there was a liquidated, undisputed claim, no accord and satisfaction arose by reason of the defendant's partial payment tendered to and accepted by the plaintiff (see, Gersh v Johansen, 76 A.D.2d 916, lv denied 51 N.Y.2d 709; Matter of King Metal Prods. v Workmen's Compensation Bd., 20 A.D.2d 565...

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