SEACOM, INC. v. JOSEPH TOBIAS & SONS


234 A.D.2d 180 (1996)

651 N.Y.S.2d 467

Seacom, Inc., Appellant, v. Joseph Tobias & Sons, Doing Business as 587 Fifth Avenue Realty Company, et al., Respondents

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

December 19, 1996


Plaintiff brought a breach of contract action seeking damages primarily under the liquidated damages provision of a Letter of Credit Guarantee and Indemnification Agreement between the parties. The IAS Court denied both parties' motions for summary judgment, finding the existence of an issue of fact as to whether, as defendants claimed, there had been an "effective oral modification of the Guarantee." After conducting a trial solely on this issue, the court dismissed the...

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