Nwulu-Njoku v Azuaru, 2014 NY Slip Op 51878(U)(App. Term 2d Dept. 2014)
“Contrary to defendant’s contention, plaintiff’s acceptance of her check did not constitute an accord and satisfaction. It is well settled that “acceptance of part payment of a liquidated claim is no defense to an action for the balance, even where part payment is in the form of a check reciting that it is in full settlement, in the absence of a signed agreement or some consideration which is new or collateral to the partial payment”
This goes against the usual thought that if you write “paid in full”, the claim is not necessarily “paid in full”.
