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submitted by the parties raise a triable issue of fact as to whether the parties intended that the note sued upon be superseded by a subsequent agreement, never reduced to writing, consolidating the note with numerous other obligations owed by defendants' principal to plaintiff and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....
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