Defendants' opposition to the motions was insufficient to raise an issue of fact that plaintiff orally waived the no-oral-modification provision in the parties' security agreement governing the note in issue, and agreed to release defendants from their liability thereon. Moreover, the alleged waiver was still executory at the time plaintiff demanded payment from the guarantors, and thus could be withdrawn (compare, Blackman DeStefano Real Estate v Smith,
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U.S. CONCORD, INC. v. KOSS CO-GRAPHICS, INC.
201 A.D.2d 317 (1994)
607 N.Y.S.2d 31
U. S. Concord, Inc., Respondent, v. Koss Co-Graphics, Inc., et al., Appellants, et al., Defendants
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 8, 1994
February 8, 1994
Appellate Division of the Supreme Court of the State of New York, First Department.
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