Crandall v. Waldbaum, Inc.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Nassau County (Kutner, J.), entered August 27, 1986, which granted the defendant’s motion for summary judgment on the ground that there had been an accord and satisfaction of the claim.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiffs’ contentions, the defendant’s motion for summary judgment was not untimely so as to require its denial, even though it was made on the eve of trial, since the motion was clearly meritorious and, under CPLR 3212 (a), it…