From Casetext: Smarter Legal Research

Zipser v. Zipser

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 548 (N.Y. App. Div. 1997)

Opinion

November 24, 1997

Appeal from the Supreme Court, Westchester County (Rudolph, J.).


Ordered that the order is affirmed, with costs.

While the plaintiff submitted proof of the promissory notes and the guaranty, and the failure to make the requisite payment ( see, North Fork Bank v. Rosen, 225 A.D.2d 598), the defendant raised a triable issue of fact regarding oral modification of the existing notes and guaranty. While the original documents contained clauses prohibiting oral modification, the defendant submitted evidence showing partial performance of the alleged oral agreement ( see generally, Rose v. Spa Realty Assocs., 42 N.Y.2d 338).

Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.


Summaries of

Zipser v. Zipser

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 548 (N.Y. App. Div. 1997)
Case details for

Zipser v. Zipser

Case Details

Full title:JOANNE ZIPSER, as Administrator of the Estate of CHARLES ZIPSER, Deceased…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 24, 1997

Citations

244 A.D.2d 548 (N.Y. App. Div. 1997)
664 N.Y.S.2d 356

Citing Cases

Vali Indus., Inc. v. Mega Builders, Inc.

The note does state, however, that interest at the rate of 15% is due and payable every month until the…

Kenney v. Jacobs

In general, "[a] written agreement or other written instrument which contains a provision to the effect that…