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KNITWEAR v. TRANS WORLD FASHIONS, INC.

233 A.D.2d 241 (1996)

649 N.Y.S.2d 702

Metropolitan Knitwear et al., Respondents, v. Trans World Fashions, Inc., et al., Appellants

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

November 21, 1996

The IAS Court correctly determined that plaintiffs' acceptance of defendants' April 28, 1995 check did not constitute an accord and satisfaction, plaintiff having reserved its right under UCC 1-207 to pursue the remainder of its claim when it wrote on the back of the check that "[t]his check is deposited under protest, without prejudice and with preservation of all rights of the payee against the drawer of the check". UCC 1-207...

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