Sprung v. Halberstam

Issues were presented in respect of the alleged payment by defendant and whether or not there was in fact an accord and satisfaction. Moreover, the prohibition of section. 347 of the Civil Practice Act applies to evidence in affidavits on a motion for. summary judgment as well as to testimony upon a trial (Ditkoff v. Prudential Sav. Bank, 245 App. Div. 748). But it has been held that on a motion for summary judgment, matter which might be excluded on a trial pursuant to section 347 of the Civil Practice Act may nonetheless be considered in determining whether a triable issue exists to defeat…