Legal Opinion
International Fireproof Door Co. v. Acme Builders, Inc.
Appellate Terms of the Supreme Court of New York
Decided February 18, 1972PublishedCited by 2 opinions
1Per curiam
Plaintiff conceded that it certified and retained a check marked “ Payment in Pull” enclosed in a covering letter setting forth and itemizing the deductions claimed and stating the check would constitute full and final payment of the account. The certification of the check was an acceptance thereof by plaintiff (Uniform Commercial Code, § 3-411, subd. [1]; Welch v. Bank of Manhattan Co., 264 App. Div. 906), and its retention constituted an accord and satisfaction of plaintiff’s claim. In our opinion, the letter indicates a bona fide dispute as to an unliquidated sum, and plaintiff was…
2Cases cited3 opinions
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Welch v. Bank of the Manhattan Co.Appellate Division of the Supreme Court of the State of New York · 1942
- Capitol Coal Corp. v. Juneglory Realty Corp.City of New York Municipal Court · 1935
3Cited by2 opinions
- Department of Fisheries v. J-Z Sales Corp.Court of Appeals of Washington · 1980
- Lange-Finn Construction Co. v. Albany Steel & Iron Supply Co.New York Supreme Court · 1978