Holland v. Atlantic Stevedoring Co.
James Holland, Appellant, v. Atlantic Stevedoring Company, Respondent
Opinion of the Court
Per Curiam.
Affirmed upon the authority of Brassel v. Electric Welding Company ( 239 N. Y. 78 ). The affidavit sets forth facts sufficient to show an accord and satisfaction or a release by a payment in full within the purport and meaning of subdivision 7 of rule 107 of the Rules of Civil Practice.
The judgment should be affirmed, with costs.
Hiscock, Ch. J., Cardozo, Pound, Crane, Andrews and Lehman, JJ., concur; McLaughlin, J., absent.
Judgment affirmed.
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