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ZELLER v. MARKSON ROSENTHAL & CO.

299 N.J. Super. 461 (1997)

HARRIETT ZELLER, PLAINTIFF-APPELLANT, v. MARKSON ROSENTHAL & COMPANY, DEFENDANT-RESPONDENT, AND MICHAEL H. ROSENTHAL, INDIVIDUALLY, AND RICHARD MARKSON, INDIVIDUALLY, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 14, 1997.

Attorney(s) appearing for the Case

McDonald, Rogers & Rizzolo, attorneys for appellant (Michael J. Rogers on the brief).

Apruzzese, McDermott, Mastro & Murphy, attorneys for respondent (Melvin L. Gelade on the brief).

Before Judges HAVEY, KESTIN and EICHEN.

The opinion of the court was delivered by EICHEN, J.A.D.

On May 17, 1995, plaintiff Harriet Zeller filed a complaint against her former employer, defendant Markson Rosenthal & Company, alleging that defendant breached its obligation to pay her approximately $61,000 in sales commissions.1 Defendant asserted a defense of accord and satisfaction based on plaintiff's having accepted its check in an amount less than her demand, and

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