GIBBS v. MOORE III


46 A.D.3d 612 (2007)

848 N.Y.S.2d 266

HORACE J. GIBBS, Appellant, v. EDWIN G. MOORE III, Respondent.

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

Decided December 11, 2007.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The documents submitted by the defendant in support of his motion established the existence of an accord and satisfaction by way of a substituted agreement. They clearly manifest the parties' intent that the obligation evidenced by a promissory note dated August 15, 1994, would be satisfied by the defendant's execution of a separation agreement settling a Maryland divorce...

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