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CITIBANK v. SMITH

245 A.D.2d 148 (1997)

666 N.Y.S.2d 153

Citibank, N.A., Respondent, v. Ira Smith et al., Appellants

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

December 16, 1997

We agree with the motion court's finding that the repeated provisions in the notes and correspondence barring oral waiver, both in general and particularly with respect to plaintiff's right to demand payment of the notes at any time, preclude defendants' claim of justifiable reliance with respect to their waiver and estoppel defenses (see, Bank of N. Y. v Murphy, 230 A.D.2d 607, 608, lv dismissed 89 N.Y.2d 1030). Plaintiff...

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