Practice point: The rule of accord and satisfaction is generally accepted as a legitimate and expeditious means of settling contract disputes.
Practitioners should note that the affirmative defense requires a disputed claim that the parties resolved through a new contract discharging their obligations under the original contract.
Case: Profex, Inc. v. Town of Fishkill, NY Slip Op 06320 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Torts.
