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SHOLOM & ZUCKERBROT QUEENS LEASING CORP. v. FORATE REALTY CORP.

29 A.D.2d 571 (1967)

Sholom & Zuckerbrot Queens Leasing Corp., Appellant, v. Forate Realty Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 29, 1967

As so modified, order affirmed, without costs.

The oral agreement alleged by defendant in opposing the third cause of action was without valuable consideration to plaintiff because defendant's oral promise to give a mortgage on its building was unenforcible (General Obligations Law, § 5-703; cf. Bateman Fuel Oil Serv. v. Sklaver, 6 A.D.2d 868). Plaintiff, not having accepted a new obligation and security, was not obliged...

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