Ordered that the judgment is affirmed, with costs.
Under the facts of this case, in which there was a liquidated, undisputed claim, no accord and satisfaction arose by reason of the defendant's partial payment tendered to and accepted by the plaintiff (see, Gersh v. Johansen, 76 A.D.2d 916, lv denied 51 N.Y.2d 709; Matter of King Metal Prods. v. Workmen's Compensation Bd., 20 A.D.2d 565).
The defendant's counterclaim to recover damages for breach of an oral agreement, in which the plaintiff Carl M. Ross allegedly agreed to expand the subject premises, was properly dismissed for failure to establish the material terms of that agreement. Notably lacking in the purported agreement was the rent under the proposed new lease during its first five-year term and the five-year renewal period (see, Martin Delicatessen v Schumacher, 52 N.Y.2d 105; Mocca Lounge v. Misak, 94 A.D.2d 761).
The trial court did not, under the circumstances, act improperly when it denied the defendant's application for leave to amend its answer to assert a second counterclaim at the trial (see, Bertan v. Richmond Mem. Hosp. Health Center, 106 A.D.2d 362, 363-364). Finally, the awarding of costs to the plaintiff was proper (see, CPLR 8201). Mollen, P.J., Lawrence, Kunzeman and Sullivan, JJ., concur.