Appellate Division of the Supreme Court of New York, 1994

Jacoby & Meyers v. Crispi

Appellate Division of the Supreme Court of New York · Decided June 2, 1994

205 A.D.2d 312; 613 N.Y.S.2d 13

Cases that cite this one

3 later published cases cite this decision.

Second Ave. 1355 Realty LLC v. 1355 Second Owner LLC (Appellate Division of the Supreme Court of New York 2018)
NGM Ins. Co. v. Blakely Pumping Inc. (2d Cir. 2010)
Shelvin Plaza Associates, LLC v. Lew Leiberbaum Holdings Co. (Appellate Division of the Supreme Court of New York 2005)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Order, Supreme Court, New York County (Myriam Altman, J.), entered April 6, 1993, which insofar as appealed from, denied defendant’s motion to dismiss plaintiff’s first cause of action, unanimously affirmed, without costs.

Because the 1992 stipulation between the parties does not refer to or affect any of the relevant provisions of the Employ*313ment Agreement between the parties, the stipulation cannot be said to express "unequivocal language expressive of intent” by the defendant to reach an accord and satisfaction in his dispute with plaintiff (Galusha v Schur, 21 AD2d 32, 34, lv denied 14 NY2d 485). Otherwise stated, the stipulation was not a "clear expression” of intent to modify the Employment Agreement (Donnelly v Matheson, 112 AD2d 341, 342), or an expression of waiver that is "clear, unmistakable and without ambiguity” (Matter of Civil Serv. Empls. Assn. v Newman, 88 AD2d 685, 686, affd 61 NY2d 1001).

We have considered defendant’s remaining arguments, and find them to be without merit. Concur—Carro, J. P., Wallach, Ross, Rubin and Tom, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.