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BROOKMAN & BROOKMAN, P. C. v. DESTEFANO

261 A.D.2d 338 (1999)

690 N.Y.S.2d 428

BROOKMAN & BROOKMAN, P. C., Appellant-Respondent, v. JAMES DESTEFANO et al., Respondents-Appellants.

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

Decided May 27, 1999.

An issue of fact exists as to whether the oral accord alleged by defendants was executed by plaintiff's deposit of a check after one of the individual defendants told plaintiff's principal, who allegedly did not object, that such check would constitute the final payment for plaintiff's legal services. To the extent such accord was executed, defendants would have a legally sufficient defense of accord and satisfaction (cf.,<...

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