Ber v. Johnson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously reversed on the law with costs and motion granted. Memorandum: On appeal from an order denying his motion for summary judgment, plaintiff contends that he is entitled to recover on a promissory note in accordance with its tenor notwithstanding defendants’ claim that the note was modified and satisfied by plaintiff’s oral or tacit acceptance of 50,000 shares of stock in lieu of cash payment. We conclude that plaintiff is entitled to summary judgment because, in the circumstances presented, the defenses of oral modification and accord and satisfaction are insufficient to…
2Cases cited9 opinions
- Merrill Lynch Realty/Carll Burr, Inc. v. SkinnerNew York Court of Appeals · 1984
- M.H. Metal Products Corporation v. AprilNew York Court of Appeals · 1929
- Van Iderstine Co., Inc. v. Barnet L. Co., Inc.New York Court of Appeals · 1926
- Conboy v. ArmstrongAppellate Division of the Supreme Court of the State of New York · 1985
- Scutti Enterprises, Inc. v. Wackerman Guchone Custom Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
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- Patel v. OrmaAppellate Division of the Supreme Court of the State of New York · 1993
7 more not listed; retrieve them via the Exa API.