FLEISCHMAN v. NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION

7091, 106772/10.

93 A.D.3d 496 (2012)

939 N.Y.S.2d 853

2012 NY Slip Op 1785

HERMAN FLEISCHMAN, Respondent, v. NEW YORK LIFE INSURANCE AND ANNUITY CORPORATION, Appellant.

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

Decided March 13, 2012.


The motion, which was based on the theory of accord and satisfaction, was properly denied since defendant failed to show that there was a "clear manifestation of intent by the parties that the payment was made, and accepted, in full satisfaction of the claim" (Nationwide Registry & Sec. v B & R Consultants, 4 A.D.3d 298, 300 [2004]; see Manley v Pandick Press, 72 A.D.2d 452 [1980...

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