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500 EIGHT AVE. LLC v. RESOURCE TRAINING CTR. INC.

Index No. 160028/16. Appeal No. 16539. Case No. 2022-01487.

209 A.D.3d 573 (2022)

177 N.Y.S.3d 222

2022 NY Slip Op 05941

500 Eighth Avenue Limited Liability Company, Respondent, v. Resource Training Center Inc., Also Known as The Resource Training Center Inc., Appellant, et al., Defendant.

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

Decided October 25, 2022.

Attorney(s) appearing for the Case

C. S. Cardillo, P.C., New York ( Christopher Cardillo , of counsel) for appellant.

Rose & Rose, New York ( James E. Bayley , of counsel) for respondent.

Concur—Manzanet-Daniels, J.P., Kennedy, Scarpulla, Mendez, Higgitt, JJ.

Order, Supreme Court, New York County (Lyle E. Frank, J.), entered March 10, 2022, which, to the extent appealed from, granted plaintiff's motion for summary judgment on the issue of liability, and denied defendant Resource Training Center Inc. a/k/a The Resource Training Center, Inc.'s motion to amend the answer to assert the affirmative defense of accord and satisfaction and for summary judgment dismissing the complaint, unanimously affirmed.

It is undisputed that...

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