Legal Opinion

Conboy v. Armstrong

Appellate Division of the Supreme Court of the State of New York

Decided April 5, 1985PublishedCited by 17 opinions

1Opinion of the Court

*1043Plaintiff sent defendant three separate itemized bills for services rendered. A check for $270.64 was tendered as final payment on the initial bill, dated October 3, 1981, for services rendered between July 14,1980 and September 30,1981. When she tendered the check, defendant was in possession of two additional itemized bills totaling $612.49 for services rendered between October 6, 1981 and October 28, 1982. Inasmuch as there was no dispute about the amount owed, negotiation of the check for the balance due under the October 3, 1981 bill could not form the basis for an accord and…

2Cases cited4 opinions

  1. Merrill Lynch Realty/Carll Burr, Inc. v. SkinnerNew York Court of Appeals · 1984
  2. Manley v. Pandick Press, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  3. C. Itoh & Co. (America) Inc. v. F. W. Honerkamp Co.Appellate Division of the Supreme Court of the State of New York · 1984
  4. Envirex, Inc. v. Cecil M. Garrow Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 1984

3Cited by17 opinions

  1. Carnrite v. Granada Hospital Group, Inc.District Court, W.D. New York · 1997
  2. Oneida Indian Nation v. PhillipsCourt of Appeals for the Second Circuit · 2020
  3. Ber v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1990
  4. First Security Mortgage Co. v. Goldmark Plastics Compounds, Inc.District Court, E.D. New York · 1994
  5. Patel v. OrmaAppellate Division of the Supreme Court of the State of New York · 1993

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