Ordered that the order is reversed, on the law, with costs, and the plaintiff's motion for summary judgment is denied.
On April 22, 2008, the plaintiff tendered a $55,000 check made payable to the defendant law firm, SimmsParris Maldonado Tehauno LLP (hereinafter SPMT). On the same date, the defendants tendered an allegedly undated $55,000 check to the plaintiff. This check was drawn on a SPMT bank account and marked "payment" in the memo notation portion of the check...
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