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ARDEN COMMUNICATIONS, INC. v. ABBATE

220 A.D.2d 237 (1995)

633 N.Y.S.2d 1

Arden Communications, Inc., Appellant, v. John Abbate et al., Respondents

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

October 5, 1995

Plaintiff failed to show that the oral reports of expenses it allegedly gave to defendants, supposedly in accordance with an oral modification of the subject contracts requiring written reports and containing merger clauses, would be "`unintelligible or at least extraordinary'" without reference to the alleged oral modification (Anostario v Vicinanzo, 59 N.Y.2d 662, 664). Proof of the alleged...

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