doubtful claim in New York

1995It is well established that "[t]he settlement of a doubtful claim will uphold a promise to pay a stipulated sum” (White v Hoyt, 73 NY 505, 514-515 ; see also, Jemzura v Jemzura, 36 NY2d 496, 504 ; Nolfi Masonry Corp. v Lasker-Goldman Corp., 160 AD2d 186 ).

1895White v. Hoyt, 73 N. Y. 505 ; Wahl v. Barnum, 116 N. Y. 87 , 22 N. E. 280 ; Bank v. Parker, 130 N. Y. 415 , 29 N. E. 1094 .

1995It is well established that "[t]he settlement of a doubtful claim will uphold a promise to pay a stipulated sum” (White v Hoyt, 73 NY 505, 514-515 ; see also, Jemzura v Jemzura, 36 NY2d 496, 504 ; Nolfi Masonry Corp. v Lasker-Goldman Corp., 160 AD2d 186 ).

1988In short, even if we were to accept (which we do not) the doubtful claim that the police trustees had standing as trustees to review the determinations of the pension fund, an issue not litigated in Matter of De Milia v McGuire (supra), we do not agree that their authority to retain private counsel at the expense either of the city or the fund is "necessarily implied” in order to "allow” them "to properly function” as trustees.

1988(See, Cahn v Town of Huntington, supra, 29 NY2d, at 455 .) We are confronted in this lawsuit with a section of the City Charter (§ 395) that specifically prohibits any "officer or agency” from employing any attorney or counsel, except under circumstances not presented here, and as to those circumstances stipulates that the employment of counsel shall be at the expense of the officer or agency.

1917In Matter of Walker v. Clyde Steamship Co., 215 N. Y. 529, 531 , the same judge remarked: “ The remedy provided by the Workmen’s Compensation Act is a substitute for the common-law remedy. ’ ’ He held that it operated as an exemption of all employers who complied with its requirements from suits at common law.

1904In Eames Vacuum Brake Co. v. Prosser, 157 N. Y. 289, 298 , the court said that the doctrine of accord and satisfaction, as set forth in Fuller v. Kemp, 138 N. Y. 231 , and Nassoiy v. Tomlinson, 148 id. 326 , “ was carried to the extreme limit, and it is not our purpose to further extend the rule,” and it was further said in the same case (p. 330), that to constitute an accord and satisfaction “ the minds of the parties must meet in making the agreement the same as in other agreements.” To create a contract by implication there must be an unequivocal and unqualified assertion of a right by one

1904In Eames Vacuum Brake Co. v. Prosser, 157 N. Y. 289, 298 , the court said that the doctrine of accord and satisfaction, as set forth in Fuller v. Kemp, 138 N. Y. 231 , and Nassoiy v. Tomlinson, 148 id. 326 , “ was carried to the extreme limit, and it is not our purpose to further extend the rule,” and it was further said in the same case (p. 330), that to constitute an accord and satisfaction “ the minds of the parties must meet in making the agreement the same as in other agreements.” To create a contract by implication there must be an unequivocal and unqualified assertion of a right by one

1904In Eames Vacuum Brake Co. v. Prosser, 157 N. Y. 289, 298 , the court said that the doctrine of accord and satisfaction, as set forth in Fuller v. Kemp, 138 N. Y. 231 , and Nassoiy v. Tomlinson, 148 id. 326 , “ was carried to the extreme limit, and it is not our purpose to further extend the rule,” and it was further said in the same case (p. 330), that to constitute an accord and satisfaction “ the minds of the parties must meet in making the agreement the same as in other agreements.” To create a contract by implication there must be an unequivocal and unqualified assertion of a right by one

1895White v. Hoyt, 73 N. Y. 505 ; Wahl v. Barnum, 116 N. Y. 87 , 22 N. E. 280 ; Bank v. Parker, 130 N. Y. 415 , 29 N. E. 1094 .

1895White v. Hoyt, 73 N. Y. 505 ; Wahl v. Barnum, 116 N. Y. 87 , 22 N. E. 280 ; Bank v. Parker, 130 N. Y. 415 , 29 N. E. 1094 .

1895White v. Hoyt, 73 N. Y. 505 ; Wahl v. Barnum, 116 N. Y. 87 , 22 N. E. 280 ; Bank v. Parker, 130 N. Y. 415 , 29 N. E. 1094 .

1895White v. Hoyt, 73 N. Y. 505 ; Wahl v. Barnum, 116 N. Y. 87 , 22 N. E. 280 ; Bank v. Parker, 130 N. Y. 415 , 29 N. E. 1094 .

1850Rep. 531.) In Stewart v. Ahrenfeldt, ( 4 Denio, 189 ,) and Stoddard v. Mix, ( 14 Conn. Rep. 12 ,) the general doctrine is laid down that the compromise^ of a doubtful claim will be a good consideration.

1850Rep. 531.) In Stewart v. Ahrenfeldt, ( 4 Denio, 189 ,) and Stoddard v. Mix, ( 14 Conn. Rep. 12 ,) the general doctrine is laid down that the compromise^ of a doubtful claim will be a good consideration.