MUEHLSTEIN & CO. v. AIRWAY CLEANERS


17 Misc.2d 941 (1959)

H. Muehlstein & Co., Inc., Respondent, v. Airway Cleaners & Dyers, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

April 2, 1959.


Attorney(s) appearing for the Case

Henry Gallop and S. Frederick Placer for appellant.

Eisman, Lee, Corn, Sheftel & Bloch (J. B. Sheftel of counsel), for respondent.

Concur — STEUER, J. P., HOFSTADTER and HECHT, JJ.


Per Curiam.

The judgment and order should be affirmed, with costs, but as we arrive at our conclusion on somewhat different grounds than that expressed by the court below the following brief statement is made. The only issue is the validity of the defense of accord and satisfaction. As the accord pleaded was executory it required either a writing or consideration. There was no writing. The consideration claimed was the settlement of a bona fide dispute as to...

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