Ordered that the order is modified, on the law, by deleting the provision thereof which granted that branch of the defendants' cross motion which was to dismiss the complaint on the ground of accord and satisfaction and substituting therefor a provision denying that branch of the cross motion; as so modified, the order is affirmed insofar as appealed from, with costs to the plaintiff, the complaint is reinstated, and the matter is remitted to the Supreme Court, Nassau County...
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