CLARKE v. YVANS


140 Misc.2d 129 (1988)

John Clarke, Claimant, v. Joseph Yvans, Defendant.

Civil Court of the City of New York, Queens County.

June 13, 1988


Attorney(s) appearing for the Case

John Clarke, claimant pro se. Gervais, Decicco & McCorry (Victor Natale of counsel), for defendant.


JOHN A. MILANO, J.

ISSUES

Under UCC 1-207 may a claimant possessing a cause of action for property damage founded in tort preserve his right to the balance of what the said claimant alleges is a disputed claim, by explicit reservation in his endorsement of a negotiable instrument, to wit, a check, tendered by the defendant in full settlement of all claims and thereby preclude a common-law accord and...

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