GREENBERG v. FREY


190 A.D.2d 546 (1993)

Alan Greenberg, Appellant, v. Jonathan Q. Frey, Respondent

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

February 4, 1993


In 1985, defendant executed a $110,000 promissory note in favor of plaintiff, his father-in-law. The note, due in 2015, provided for annual interest payments at the rate of nine percent and contained a clause stating that it could not be changed orally and could only be modified by an agreement in writing signed by the party to be charged. Plaintiff seeks the interest due for the years 1985 through 1991, which interest plaintiff failed to demand and which defendant claims...

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