People v. Louis J. Dettore Construction Co.

This is an appeal by Travelers from the trial court’s denial of its motion for summary judgment and a cross-appeal by plaintiff from a ruling that plaintiff had not sustained its burden of proof in establishing certain alleged debts.

The motion for summary judgment was based on an alleged accord and satisfaction of a claim, the amount of which was disputed by defendant Dettore. The disputed part served as the basis for one of the plaintiff’s claims below. Defendant Travelers, as Dettore’s surety, paid what they admitted was owing prior to suit by tendering a check which was cashed by plaintiff…