New York Court of Appeals, 1986

Citigifts, Inc. v. Pechnik

Citigifts, Inc. v. Pechnik
New York Court of Appeals · Decided March 18, 1986
67 N.Y.2d 774; 491 N.E.2d 1100; 500 N.Y.S.2d 643; 1986 N.Y. LEXIS 17479

Citigifts, Inc. v. Pechnik

Opinion of the Court

OPINION OF THE COURT

Order affirmed, with costs. The Appellate Division properly concluded that there was a novation which extinguished the old agreement and relegated plaintiffs to an action for breach of the new agreement (Northville Indus. Corp. v Fort Neck Oil Terms. Corp., 100 AD2d 865, 867, affd 64 NY2d 930).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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