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CAPPELLI v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

259 A.D.2d 581 (1999)

686 N.Y.S.2d 494

JOHN CAPPELLI, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Respondent.

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

Decided March 15, 1999.

Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The modification of a contract results in the creation of a new contract between the parties which pro tanto supplants the affected provisions of the original agreement while leaving the balance of it intact (see, Beacon Term. Corp. v Chemprene, Inc., 75 A.D.2d 350; 22A NY Jur 2d, Contracts, § 474; see also, Cortesi v R &...

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