BONNIE & COMPANY FASHIONS, INC. v. BANKERS TRUST COMPANY


281 A.D.2d 223 (2001)

722 N.Y.S.2d 230

BONNIE & COMPANY FASHIONS, INC., et al., Appellants-Respondents, v. BANKERS TRUST COMPANY, Respondent-Appellant.

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

Decided March 13, 2001.


Plaintiff's first cause of action lacks merit, its own admissions demonstrating that it, not defendant, breached the alleged oral modification to the subject factoring agreement. Plaintiff's deposition testimony and affidavit on the motion acknowledge that under the oral modification, plaintiff was to give defendant a $1 million Treasury bill as additional collateral, and defendant was to have sole discretion to require plaintiff to "roll over" the Treasury bill after its...

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