Equitable Tower Associates v. Asarco Inc.

Order, Supreme Court, New York County (Alfred Ascione, J.), entered March 3, 1986, which granted defendant’s motion for partial summary judgment dismissing the second cause of action and denied plaintiffs cross motion for partial summary judgment on said cause of action, each upon the ground of accord and satisfaction, modified, on the law, to deny the defendant’s motion, and, as modified, otherwise affirmed, without costs.

For approximately 70 years defendant Asarco Inc., a nonferrous metals and minerals company, maintained its offices in the Equitable Building located at 120 Broadway. The…