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BLITTNER v. FRIESCH-GRONINGSHE HYPOTHEEBANK REALTY CREDIT CORP.

221 A.D.2d 152 (1995)

633 N.Y.S.2d 148

Sheldon Blittner, Appellant, v. Friesch-Groningshe Hypotheebank Realty Credit Corporation, Respondent

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

November 2, 1995

Despite language in the commitment letter that there could be no oral modification of its terms, plaintiff argues that the deadline for closing of the loan was modified orally several times. There is, however, no evidence of performance unequivocally referable to the alleged waiver of the original closing deadline (see, Absolute Direction v Anderson, 201 A.D.2d 256). No deadline was extended orally on the basis of a "specific...

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