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ZIPSER v. ZIPSER

244 A.D.2d 548 (1997)

664 N.Y.S.2d 356

Joanne Zipser, as Administrator of The Estate of Charles Zipser, Deceased, Appellant, v. Steven E. Zipser, as Administrator C.T.A. of The Estate of Dennis Zipser, Deceased, Respondent

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

November 24, 1997

Ordered that the order is affirmed, with costs.

While the plaintiff submitted proof of the promissory notes and the guaranty, and the failure to make the requisite payment (see, North Fork Bank v Rosen, 225 A.D.2d 598), the defendant raised a triable issue of fact regarding oral modification of the existing notes and guaranty. While the original documents contained clauses prohibiting oral modification, the defendant...

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