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CONGREGATION CHACHMEI SEFARAD v. DICKMAN

198 A.D.2d 395 (1993)

604 N.Y.S.2d 141

Congregation Chachmei Sefarad et al., Respondents, v. Myron L. Dickman et al., Appellants

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

November 22, 1993

Ordered that the order is affirmed, with costs.

The defendants' contention that there was never an accord and satisfaction since the amount owed by the plaintiff Congregation Chachmei Sefarad (hereinafter Sefarad) was not disputed is without merit. Sefarad claimed a loss of rent and offset this loss against the amount it owed to the defendant Ecar Realty Co. (hereinafter Ecar). Thus, Ecar's negotiation of a check submitted by Sefarad, which check contained a notation...

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