I. Reiss & Son v. Silver Colt Realty Associates
Opinion of the Court
Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered January 29, 1992, which, insofar as appealed from, denied defendants’ cross-motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
We agree with the IAS court that the conflicting affidavits and documentation submitted by the parties raise a triable issue of fact as to whether the parties intended that the note sued upon be superseded by a subsequent agreement, never reduced to writing, consolidating the note with numerous other obligations owed by defendants’ principal to plaintiff and substantially changing the terms and conditions of payment (see, Mallad Constr. Corp. v County Fed. Sav. & Loan Assn., 32 NY2d 285, 288; Goldbard v Empire State Mut. Life Ins. Co., 5 AD2d 230, 233-234). There is an issue of fact as to whether the alleged substituted agreement discharged the defendants’ obligation on the guarantee by significantly modifying the terms of the note (Flaum v Birnbaum, 120 AD2d
Case-law data current through December 31, 2025. Source: CourtListener bulk data.