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DANIELLA MOWETA, et al., appellants, v. CITYWIDE HOME IMPROVEMENTS OF QUEENS, INC., et al., defendants, NATIONSCREDIT FINANCIAL SERVICES CORPORATION, et al., respondents.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined, based on the documentary evidence (see, CPLR 3211[a][[1]), that the plaintiffs ratified the subject contract, note, and mortgage by making payments thereon to the respondents for five years without protest, and in so doing, waived all claims sounding in fraud (see,Eldon Group Am. v. Equiptex Indus. Prods. Corp., 236 A.D.2d 329 ; Paramount Ins. Co. v. Brown, 205 A.D.2d 464, 465 ; Lindenwood Dev. Corp. v. Levine, 178 A.D.2d 633 ; Edison Stone Corp. v. 42nd St. Dev. Corp., 145 A.D.2d 249 ).

The documentary evidence also established that the plaintiffs and the respondent NationsCredit Financial Services Corporation (hereinafter NationsCredit) reached an accord and satisfaction when NationsCredit accepted an offer, made by the plaintiffs through their attorney, to settle the plaintiffs' account for $5,000 (see, Congregation Chachmei Sefarad v. Dickman, 198 A.D.2d 395 ;Couri v. Westchester Country Club, 186 A.D.2d 712, 714 ).

In light of the foregoing, the court properly granted that branch of the respondents' motion pursuant to CPLR 3211(a)(1) which was to dismiss the amended complaint insofar as asserted against them.

MANGANO, P.J., THOMPSON, ALTMAN, and LUCIANO, JJ., concur.

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MOWETA v. CITYWIDE HOME IMPROVEMENTS, QUEENS
(Dec 27, 1999)