Judgment in favor of plaintiff in the sum of $200, with interest, unanimously affirmed, with costs.
Under the circumstances disclosed, neither the payment by defendant nor the retention of the amount so paid resulted in an accord and satisfaction. (Mance v. Hossington, 205 N.Y. 33; Hett v. Barty Axle Corp., 229 App. Div. 388; Bloomington Mining Co. v. Brooklyn Hygienic Ice Co., 58 App. Div. 66, affd. 171 N.Y. 673.) Plaintiff was not required to...
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