MEMORANDUM OPINION AND ORDER
LEVIN, United States Magistrate Judge.
Pending is Defendant The Harlem-Irving Companies, Inc's. ("Harlem-Irving") Motion for Summary Judgment, which requests a finding of partial non-liability under Federal Rule of Civil Procedure 56(d). For the reasons set forth below, the Motion is denied, with the exception of an accord and satisfaction issue discussed herein.
FACTUAL BACKGROUND
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