Majority
p. 801Michael Benarosh, Appellant, v. Louis Brod, Doing Business under the Firm Name and Style of L. Brod & Company, Respondent.
Order affirmed, with ten dollars costs and disbursements, not upon the ground stated at Special Term, but for the reason that it is sufficient that plaintiff was apprised, by the bill of particulars, that defendant alleged an accord and satisfaction of the causes of action set forth in the complaint by the payment of a check for $1,000 on August 3, 1931. Lazansky, P. J., Young, Kapper, Hagarty and Carswell, JJ., concur.