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HECTOR N. MAIS, Respondent, v. FUTURISTIC FOODS, INC., Appellant

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 A.D.2d 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.

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MAIS v. FUTURISTIC FOODS
(Feb 21, 1978)