Order granting defendant's motion for summary judgment reversed, the motion denied and the judgment entered herein vacated, with costs to the appellants, on the ground that there are issues of fact which should be disposed of only on a trial.
PECK, P. J., and VAN VOORHIS, J. (dissenting).
Although the letters exchanged between the attorneys, constituting the alleged written executory accord compromising this action, do not agree upon the settlement in exactly...
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