Legal Opinion
Aguiar v. Harper & Row Publishers, Inc.
Civil Court of the City of New York
Decided June 21, 1982PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Ethel B. Danzig, J.
The issue to be determined by this court on defendant’s motion for summary judgment is whether plaintiff Aguiar’s acceptance of a check from defendant Harper & Row Publishers, Inc., and negotiation of it after placing on the back the words “Cashed under protest * * * does not represent full amount claimed”, operated as an accord and satisfaction barring plaintiff from bringing this action, or whether plaintiff thereby reserved his rights to pursue his claim pursuant to section 1-207 of the Uniform Commercial Code.
FACTS
The plaintiff, Walter Aguiar, is a…
2Cases cited16 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Hertz Commercial Leasing Corp. v. Transportation Credit Clearing House, Inc.Civil Court of the City of New York · 1969
- Reilly v. . BarrettNew York Court of Appeals · 1917
- Hertz Commercial Leasing Corp. v. Transportation Credit Clearing House, Inc.Appellate Terms of the Supreme Court of New York · 1970
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3Cited by4 opinions
- Communications Groups, Inc. v. Warner Communications Inc.Civil Court of the City of New York · 1988
- Barco Auto Leasing Corp. v. PSI Cosmetics, Inc.Civil Court of the City of New York · 1984
- United States v. Consolidated Edison Co. of NYDistrict Court, S.D. New York · 1984
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.Appellate Division of the Supreme Court of the State of New York · 1984