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O'REILLY v. NYNEX CORPORATION

262 A.D.2d 207 (1999)

693 N.Y.S.2d 13

BERNARD O'REILLY et al., Appellants-Respondents, v. NYNEX CORPORATION et al., Respondents-Appellants, and ROBERT VAN DOVER, Respondent.

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

Decided June 22, 1999.

Plaintiffs' claims based on an alleged oral promise not to terminate the contracts between plaintiffs and the corporate defendants were properly dismissed since the written agreements prohibited oral modifications and plaintiffs alleged neither full performance of the alleged modification nor partial performance unequivocally referable to the oral promise (General Obligations Law § 15-301 [1]; Rose v Spa Realty Assocs., 42 N.Y.2d 338

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