
    Harold Kartinganer and Another, Copartners, etc., Appellants, v. Joseph Cohn and Another, Individually and as Copartners, Trading as Cohn & Kaplan, and Cohn & Kaplan, Inc., Respondents.
    Supreme Court, Appellate Term, First Department,
    June 30, 1927.
    Payment — retention of check “in full” constitutes acceptance of condition.
    The retention of a check marked “ in full ” for an unreasonable length of time amounts to an acceptance of the condition on which the check was given.
    
      Appeal by plaintiffs from a judgment of the Municipal Court, Borough of Manhattan, Ninth District, in favor of defendants.
    
      Samuel Horowitz, for the appellants.
    
      Maxwell E. Lopin, for the respondent.
   Per Curiam.

The retention of the check, marked “ in full,” for an unreasonable length of time will be deemed an acceptance of the condition on which the payment was made. (Patten v. Lynett, 133 App. Div. 746.)

• Judgment affirmed, with twenty-five dollars costs.

All concur; present, Bum?, Levy and Crain, JJ.  