Landers v. State

New York Court of Appeals

Landers v. State

373 N.E.2d 281, 43 N.Y.2d 784, 402 N.Y.S.2d 386, 1977 N.Y. LEXIS 2571

CourtNew York Court of Appeals

DecidedDecember 15, 1977

DocketClaim 58343

StatusPublished

Cited by4 cases

This text of 373 N.E.2d 281 (Landers v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Landers v. State, 373 N.E.2d 281, 43 N.Y.2d 784, 402 N.Y.S.2d 386, 1977 N.Y. LEXIS 2571 (N.Y. 1977).

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Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

While claimant has submitted evidentiary proof in opposition to the State’s motion for summary judgment showing facts sufficient to require a trial as to his legal capacity to enter into the memoranda of agreement dated May 22, 1973 and June 12, 1973, it is not disputed on the record that he thereafter was paid a total of $84,330 in full satisfaction of the terms of the later memorandum. We agree with the Appellate Division that proof of acceptance of such payments, together with other undisputed evidence of claimant’s co-operation *786 with the Department of Law, sustains the State’s defense of accord and satisfaction.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

While claimant has submitted evidentiary proof in opposition to the State’s motion for summary judgment showing facts sufficient to require a trial as to his legal capacity to enter into the memoranda of agreement dated May 22, 1973 and June 12, 1973, it is not disputed on the record that he thereafter was paid a total of $84,330 in full satisfaction of the terms of the later memorandum. We agree with the Appellate Division that proof of acceptance of such payments, together with other undisputed evidence of claimant’s co-operation *786 with the Department of Law, sustains the State’s defense of accord and satisfaction.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

Order affirmed.

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Bluebook (online)

373 N.E.2d 281, 43 N.Y.2d 784, 402 N.Y.S.2d 386, 1977 N.Y. LEXIS 2571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landers-v-state-ny-1977.

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