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CALDWELL v. UNGER

177 A.D.2d 982 (1991)

Kenneth Caldwell, Respondent, v. Edward I. Unger, Appellant

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

November 15, 1991

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied defendant's motion for summary judgment dismissing plaintiff's complaint based on the affirmative defense of accord and satisfaction. "An essential element of an accord and satisfaction is a clear manifestation of intent by one tendering less than full payment of an unliquidated claim that the payment has been sent in full satisfaction...

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