Legal Opinion
Clarke v. Yvans
Civil Court of the City of New York
Decided June 13, 1988PublishedCited by 2 opinions
1Opinion of the Court
*130OPINION OF THE COURT
John A. Milano, J.
ISSUES
Under UCC 1-207 may a claimant possessing a cause of action for property damage founded in tort preserve his right to the balance of what the said claimant alleges is a disputed claim, by explicit reservation in his endorsement of a negotiable instrument, to wit, a check, tendered by the defendant in full settlement of all claims and thereby preclude a common-law accord and satisfaction? Does the fact that a check is used as the device to effect a settlement in and of itself bring the transaction within the Code thereby making section 1-207…
2Cases cited6 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
- Schuttinger v. WoodruffNew York Court of Appeals · 1932
- Cohen v. RicciMount Vernon City Court · 1983
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.Appellate Division of the Supreme Court of the State of New York · 1984
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Church Mutual Insurance v. KleingardnerNew York Supreme Court · 2003
- Church Mut. Ins. Co. v. KleingardnerNew York Supreme Court, Oswego County · 2003