Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the defendants appearing separately and filing separate briefs.
"[T]he rule of accord and satisfaction has generally been accepted as a legitimate and expeditious means of settling contract disputes" ( Horn Waterproofing Corp. v Bushwick Iron Steel Co., 66 NY2d 321, 325). The party asserting the affirmative defense of accord and satisfaction must establish that there was a disputed or unliquidated claim between the parties which they mutually resolved through a new contract discharging all or part of their obligations under the original contract ( see Merrill Lynch Realty/Carll Burr, Inc. v Skinner, 63 NY2d 590, 596; Pothos v Arverne Houses, 269 AD2d 377, 378; Trans World Grocers v Sultana Crackers, 257 AD2d 616, 617). The defendants established their respective entitlement to judgment as a matter of law on the basis of an accord and satisfaction ( see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851). In opposition, the plaintiff failed to raise a triable issue of fact ( see Zuckerman v City of New York, 49 NY2d 557).