DENBURG v. PARKER CHAPIN FLATTAU & KLIMPL


213 A.D.2d 297 (1995)

624 N.Y.S.2d 151

Howard S. Denburg, Appellant, v. Parker Chapin Flattau & Klimpl, Respondent

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

March 23, 1995


Summary judgment was properly denied on the ground that issues of fact continue to exist whether the parties intended the alleged oral agreement of 1986 to be an accord and satisfaction, and, if so, its intended scope (see, 82 N.Y.2d 375, 384-385).

The Court of Appeals has specifically outlined the factual issue and in fact said that an agreement to settle a dispute can be enforced even though the forfeiture clause was itself...

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