Cerra v. Syracuse University

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying that part of plaintiffs’ cross motion seeking dismissal of the affirmative defense of accord and satisfaction (see, CPLR 3211 [b]). The documentary evidence submitted by plaintiffs establishes that the settlement of each action was conditioned on the acceptance by the respective plaintiff of the amount offered by defendant. Because each of the six plaintiffs at issue rejected the offered amount, there was no agreement and thus no “accord”…