L & B 595 MADISON, INC. v. RAVAGNAN


242 A.D.2d 413 (1997)

662 N.Y.S.2d 29

L & B 595 Madison, Inc., Appellant, v. Mario Ravagnan, Respondent

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

September 4, 1997


Defendant's first affirmative defense claiming that plaintiff's acceptance of defendant's surrender of the premises estops plaintiff from seeking any rent payments should be dismissed since defendant's early departure from the premises is not unequivocally referable to an oral modification of the lease, which, by its terms, could only be modified in writing (see, General Obligations Law § 5-703 [1]; § 15-301 [1]; Riverside Research Inst. v KMGA, Inc.<...

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