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Appellate Terms of the Supreme Court of New York, 1978

Mais v. Futuristic Foods, Inc.

Mais v. Futuristic Foods, Inc.
Appellate Terms of the Supreme Court of New York · Decided February 21, 1978
95 Misc. 2d 834; 414 N.Y.S.2d 822; 1978 N.Y. Misc. LEXIS 2516

Counsel

APPEARANCES OF COUNSEL, Goidel, Goidel & Helfenstein, P. C. (Alvin I. Goidel and Bruce S. Leffler of counsel), for appellant. William J. Brennan, amicus curiae.

Mais v. Futuristic Foods, Inc.

Opinion of the Court

*835OPINION OF THE COURT

Memorandum.

Judgment of the court below (90 Misc 2d 259) affirmed, without costs.

In this small claims action, plaintiff established his cause of action for breach of contract. The defendant failed to establish its defense of accord and satisfaction (see Matter of King Metal Prods. v Workmen’s Compensation Bd., 20 AD2d 565). Moreover, in view of the undisputed facts contained in the record, it cannot be said that the court’s opinion was affected by its consultations with a Federal agency. We are, thus, of the opinion that substantial justice has been done between the parties (CCA, § 1807).

Concur: Pino, P. J., and Weinstein, J.; Rinaldi, J., taking no part.

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