On April 13, 2020, the parties entered into an agreement whereby P agreed to purchase personal protective equipment from Ds. The next day, they entered into another agreement whereby P would purchase personal protective equipment from the Ds. P wired $2,085,000 pursuant to the agreements. P's complaint alleges that Ds failed to deliver the equipment as outlined in the agreements. On May 6, 2020, P notified Ds they were canceling the contract and sought a refund. On June 25, 2020, the parties entered into an agreement whereby Ds agreed to return $1.475,000 of the funds to the P. The agreement was in the form of text messages sent between the parties. Pursuant to the agreement, D was required to make four installments of $368,750 to satisfy the return of the total amount owed. The payments were all due by September 25, 2020. P received $475,000 pursuant to that agreement. P asserts they are still owed one million dollars. P seeks summary judgement arguing the text Messages between the parties created a duly binding executory accord pursuant to General Obligations Law §15-501(3) for which D has no defense.

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