CARMICHAEL v. HOOVER INST. ON WAR, REVOLUTION & PEACE


169 A.D.2d 539 (1991)

Joel Carmichael, Respondent, v. Hoover Institution On War, Revolution and Peace et al., Appellants

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

January 22, 1991


We affirm for the reasons stated by Altman, J., at IAS Part 14. We would only add that since it is undisputed that defendants owed plaintiff the sum of $7,000, the payment by check of said sum, even with the condition attached, was not unequivocally indicative of a settlement of the disputed amount for additional work. Thus, a triable issue is presented as to the defense of accord and...

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