Key Bank of Southeastern v. Pal

Special Term properly granted plaintiff’s motion for summary judgment in the sum of $166,152.03. It is uncontested that defendants owed plaintiff that sum. Furthermore, the asserted defenses of novation, accord and satisfaction, and equitable estoppel are without merit (see, Fuller v Kemp, 138 NY 231; Donemore Clothing Co. v Shapiro, 202 NYS 258; Cantasano v Courtney, 98 Misc 623; McLaughlin v Gillings, 18 Misc 56). Titone, J. P., Bracken, Rubin and Lawrence, JJ., concur.