Caldwell v. Unger

unanimously affirmed without costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing plaintiff’s complaint based on the affirmative defense of accord and satisfaction. "An *983essential element of an accord and satisfaction is a clear manifestation of intent by one tendering less than full payment of an unliquidated claim that the payment has been sent in full satisfaction of the disputed claim” (Itoh & Co. v Honerkamp Co., 99 AD2d 417, 418; see, Hudson v Yonkers Fruit Co., 258 NY 168, 174). The person receiving the payment must have "been clearly…