Legal Opinion
DeVerna v. Kinney Sys., Inc.
Civil Court of the City of New York
Decided January 4, 1989PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Alice Schlesinger, J.
Does the acceptance of a full-payment check by a claimant offered as settlement of a tort action but with a "No” written on the back constitute an accord and satisfaction barring further claims?
In this small claims action claimant is seeking recovery for *272damages to his automobile while it was parked in defendant’s parking garage. Prior to the trial defendant tendered a check for $200 to claimant. Defendant had stamped the following on the back of the check: "In consideration of the sum hereby paid all claims and demands of any nature whatsoever against…
2Cases cited12 opinions
- Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.New York Court of Appeals · 1985
- Ayer v. Sky Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
- Rosenblatt v. BirnbaumNew York Court of Appeals · 1965
- Carlton Credit Corp. v. Atlantic Refining Co.Appellate Division of the Supreme Court of the State of New York · 1960
- Blottner, Derrico, Weiss & Hoffman, P. C. v. FierCivil Court of the City of New York · 1979
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Church Mutual Insurance v. KleingardnerNew York Supreme Court · 2003
- Church Mut. Ins. Co. v. KleingardnerNew York Supreme Court, Oswego County · 2003