Gibbs v. Moore

In an action to recover on a promissory note, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Liebowitz, J.), dated March 2, 2007, as granted that branch of the defendant’s motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1).

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The documents submitted by the defendant in support of his motion established the existence of an accord and satisfaction by way of a substituted agreement. They clearly manifest the parties’ intent…