GENERAL MEDIA, INC. v. LICHTENSTEIN


1 A.D.3d 204 (2003)

767 N.Y.S.2d 218

GENERAL MEDIA, INC., et al., Respondents, v. DEMIEN LICHTENSTEIN et al., Appellants.

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

November 18, 2003.


The trial court properly found that the parties' 1996 agreement obligating defendants to repay plaintiffs the principal sum of $225,000 was never superseded, as alleged by defendants, by a 1998 agreement freeing them of the repayment obligation. The purported 1998 agreement, although drafted, was never signed by all the necessary parties, nor was there evidence of performance unequivocally referable to it (see Rose v Spa Realty Assoc., 42 N.Y.2d 338...

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