Ross v. Mail Order Merchandising, Inc.

In an action to recover unpaid rent allegedly due and owing under a written lease, the defendant appeals from a judgment of the Supreme Court, Nassau County (Christ, J.), dated December 11, 1985, which, after a nonjury trial, is in favor of the plaintiff in the principal amount of $200, upon awarding the plaintiff $6,200 less a credit of $6,000 which was previously paid.

Ordered that the judgment is affirmed, with costs.

Under the facts of this case, in which there was a liquidated, undisputed claim, no accord and satisfaction arose by reason of the defendant’s partial payment tendered to and…