Kirschbaum v. Dauman

In an action brought to recover a sum of money alleged to be due and payable under a contract of employment, order granting defendant’s motion for summary judgment dismissing the amended complaint, and judgment entered thereon, unanimously affirmed, with *999ten dollars costs and disbursements. The documents submitted by the defendant uniformly establish the defense of an accord and satisfaction. Plaintiff’s version of the settlement is unsupported by anything contained in the documents, or by any evidence except the plaintiff’s oral assertions. The failure to produce the affidavit of the…