Town & Country Swimming Pools, Inc. v. Preco Chemical Corp.

— In an action to recover for breach of express and implied warranties, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Young, J.), dated November 17,1982, which dismissed the complaint, after a nonjury trial, based on the finding that defendant had proved an accord and satisfaction. Judgment reversed, on the law and the facts, with costs, plaintiff is granted judgment on the issue of liability and the case is remitted to the Supreme Court, Nassau County, for a trial on the issue of damages. “It is * * * well settled that where a debtor tenders less than full payment of…