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9 New York opinions name it 5 courts 1999–2022 1 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Profex, Inc. v. Town of Fishkillgreen2 sentences2022The party asserting the affirmative defense of accord and satisfaction bears the burden of establishing "that there was a disputed or unliquidated claim between the parties which they mutually resolved through a new contract discharging all or part of their obligations under the original contract" ( Profex, Inc. v Town of Fishkill , 65 AD3d 678, 678 [2009]). 2018The party asserting the affirmative defense of accord and satisfaction bears the burden of establishing "that there was a disputed or unliquidated claim between the parties which they mutually resolved through a new contract discharging all or part of their obligations under the original contract" ( Profex, Inc. v Town of Fishkill , 65 AD3d 678 , 678 [2009]). | 2 | 3 |
Merrill Lynch Realty/Carll Burr, Inc. v. Skinnergreen2 sentences2022"As a general rule, acceptance of a check in full settlement of a disputed unliquidated claim operates as an [*2]accord and satisfaction discharging the claim" ( Merrill Lynch Realty/Carll Burr, Inc. v Skinner , 63 NY2d 590, 596 [1984]). 2009The party asserting the affirmative defense of accord and satisfaction must establish that there was a disputed or unliquidated claim between the parties which they mutually resolved through a new contract discharging all or part of their obligations under the original contract (see Merrill Lynch Realty/Carll Burr, Inc. v Skinner, 63 NY2d 590, 596 [1984]; Pothos v Arverne Houses, 269 AD2d 377, 378 [2000]; Trans World Grocers v Sultana Crackers, 257 AD2d 616, 617 [1999]). | 2 | 2 |
Schnell v. . Perlmongreen2 sentences1999A genuine dispute requires that the debtor give notice of the dispute prior to tendering a partial payment in full satisfaction (see, Century 21 Kaaterskill Realty v Grasso, 124 AD2d 316 ; see, Schnell v Perlmon, 238 NY 362 ; Fuller v Kemp, 138 NY 231 ; Schuttinger v Woodruff, 259 NY 212 ). 1999A genuine dispute requires that the debtor give notice of the dispute prior to tendering a partial payment in full satisfaction (see, Century 21 Kaaterskill Realty v Grasso, 124 AD2d 316 ; see, Schnell v Perlmon, 238 NY 362 ; Fuller v Kemp, 138 NY 231 ; Schuttinger v Woodruff, 259 NY 212 ). | 2 | 2 |
Horn Waterproofing Corp. v. Bushwick Iron & Steel Co.green2 sentences1999The party asserting the affirmative defense of accord and satisfaction must establish that there was a genuine dispute regarding an unliquidated claim between the parties which they mutually resolved through a new contract discharging all or part of their obligations under the original contract (see, Horn Waterproofing Corp. v Bushwick Iron & Steel Co., supra). 1999The party asserting the affirmative defense of accord and satisfaction must establish that there was a genuine dispute regarding an unliquidated claim between the parties which they mutually resolved through a new contract discharging all or part of their obligations under the original contract (see, Horn Waterproofing Corp. v Bushwick Iron & Steel Co., supra). | 1 | 3 |
Radin v. Radingreen1 sentence2017(Schulman v Schulman, 101 AD3d 1098 [2012].) Furthermore, the doctrine of constructive emancipation includes a child of employable age who abandons the noncustodial parent by refusing all contact; however, “[a] child’s reluctance to see a parent is not abandonment” thereby, relieving the parent of their support obligation (Radin v Radin, 209 AD2d 396, 396 [1994]). | 1 | 1 |
People v. Delvasgreen1 sentence2017The indorsement of a check with the notation “under protest,” or similar wording, constitutes an explicit reservation of rights which precludes an accord and satisfaction (UCC former 1-207 [internal quotation marks omitted]; see Horn Waterproofing Corp. v Bushwick Iron & Steel Co., 66 NY2d 321, 332 [1985]; Metropolitan Knitwear v Trans World Fashions, 233 AD2d 241, 242 [1996]). | 1 | 1 |
Selamaj v. City of New Yorkgreen1 sentence2009The party asserting the affirmative defense of accord and satisfaction must establish that there was a disputed or unliquidated claim between the parties which they mutually resolved through a new contract discharging all or part of their obligations under the original contract (see Merrill Lynch Realty/Carll Burr, Inc. v Skinner, 63 NY2d 590, 596 [1984]; Pothos v Arverne Houses, 269 AD2d 377, 378 [2000]; Trans World Grocers v Sultana Crackers, 257 AD2d 616, 617 [1999]). | 1 | 1 |
Pothos v. Arverne Houses, Inc.green1 sentence2009The party asserting the affirmative defense of accord and satisfaction must establish that there was a disputed or unliquidated claim between the parties which they mutually resolved through a new contract discharging all or part of their obligations under the original contract (see Merrill Lynch Realty/Carll Burr, Inc. v Skinner, 63 NY2d 590, 596 [1984]; Pothos v Arverne Houses, 269 AD2d 377, 378 [2000]; Trans World Grocers v Sultana Crackers, 257 AD2d 616, 617 [1999]). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fuller v. . Kemp
green
2 sentences1999A genuine dispute requires that the debtor give notice of the dispute prior to tendering a partial payment in full satisfaction (see, Century 21 Kaaterskill Realty v Grasso, 124 AD2d 316 ; see, Schnell v Perlmon, 238 NY 362 ; Fuller v Kemp, 138 NY 231 ; Schuttinger v Woodruff, 259 NY 212 ). 1999A genuine dispute requires that the debtor give notice of the dispute prior to tendering a partial payment in full satisfaction (see, Century 21 Kaaterskill Realty v Grasso, 124 AD2d 316 ; see, Schnell v Perlmon, 238 NY 362 ; Fuller v Kemp, 138 NY 231 ; Schuttinger v Woodruff, 259 NY 212 ). | 2 | 1999–1999 |
Schuttinger v. Woodruff
green
2 sentences1999A genuine dispute requires that the debtor give notice of the dispute prior to tendering a partial payment in full satisfaction (see, Century 21 Kaaterskill Realty v Grasso, 124 AD2d 316 ; see, Schnell v Perlmon, 238 NY 362 ; Fuller v Kemp, 138 NY 231 ; Schuttinger v Woodruff, 259 NY 212 ). 1999A genuine dispute requires that the debtor give notice of the dispute prior to tendering a partial payment in full satisfaction (see, Century 21 Kaaterskill Realty v Grasso, 124 AD2d 316 ; see, Schnell v Perlmon, 238 NY 362 ; Fuller v Kemp, 138 NY 231 ; Schuttinger v Woodruff, 259 NY 212 ). | 2 | 1999–1999 |
Century 21 Kaaterskill Realty v. Grasso
neutral
2 sentences1999A genuine dispute requires that the debtor give notice of the dispute prior to tendering a partial payment in full satisfaction (see, Century 21 Kaaterskill Realty v Grasso, 124 AD2d 316 ; see, Schnell v Perlmon, 238 NY 362 ; Fuller v Kemp, 138 NY 231 ; Schuttinger v Woodruff, 259 NY 212 ). 1999A genuine dispute requires that the debtor give notice of the dispute prior to tendering a partial payment in full satisfaction (see, Century 21 Kaaterskill Realty v Grasso, 124 AD2d 316 ; see, Schnell v Perlmon, 238 NY 362 ; Fuller v Kemp, 138 NY 231 ; Schuttinger v Woodruff, 259 NY 212 ). | 2 | 1999–1999 |
Huimin Sun v. Cai
green
1 sentence2018"The party asserting the affirmative defense of accord and satisfaction must establish that there was a disputed or unliquidated claim between the parties which they mutually resolved through a new contract discharging all or part of their obligations under the original contract" ( Huimin Sun v Cai , 146 AD3d 760 , 762 [2d Dept 2017] [internal quotation marks and citation omitted]; see Rose Inn of Ithaca, Inc. v Great Am. | 1 | 2018–2018 |
Schulman v. Schulman
green
1 sentence2017(Schulman v Schulman, 101 AD3d 1098 [2012].) Furthermore, the doctrine of constructive emancipation includes a child of employable age who abandons the noncustodial parent by refusing all contact; however, “[a] child’s reluctance to see a parent is not abandonment” thereby, relieving the parent of their support obligation (Radin v Radin, 209 AD2d 396, 396 [1994]). | 1 | 2017–2017 |
Ontario County Department of Social Services ex rel. Christopher L. v. Gail K.
green
1 sentence2017(Matter of Ontario County Dept. of Social Servs. v Gail K., 269 AD2d 847 [2000].) The burden of proof rests upon the party asserting the affirmative defense of constructive emancipation. | 1 | 2017–2017 |
Boyles v. Boyles
green
2 sentences2005Matter of Boyles v. Boyles , 95 AD2d 95 , 466 NYS2d 762 . 2005Matter of Boyles v. Boyles , 95 AD2d 95 , 466 NYS2d 762 . | 1 | 2005–2005 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.