| Kenar Jewelry Wholesalers v IJM Intl. Jewelry |
| 2006 NY Slip Op 50254(U) [11 Misc 3d 129(A)] |
| Decided on February 27, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court, New York County (Eileen Rakower, J.), entered on or about May 17, 2005, after trial, in favor of defendant dismissing the action.
PER CURIAM
Judgment (Eileen Rakower, J.), entered on or
about May 17, 2005, affirmed, without costs.
The trial court applied the appropriate rules of substantive law and achieved substantial justice (see CCA 1804, 1807). Plaintiff's acceptance of defendant's check in full settlement of a disputed, unliquidated claim, without any reservations of rights, operated as an accord and satisfaction discharging the claim (see Nationwide Registry
& Sec., Ltd. v B&R Consultants, Inc., 4 AD3d 298 [2004]). This constitutes the decision and order of the court.
I concur I concurI concur
Decision Date: February 27, 2006