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TAUCK, INC. v. PLACID SEA, S.A.

306 A.D.2d 140 (2003)

760 N.Y.S.2d 321

TAUCK, INC., Respondent, v. PLACID SEA, S.A., Appellant.

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

Decided June 17, 2003.

Defendant's acceptance of plaintiff's offer to modify the repayment terms of their loan agreement was unambiguously conditioned on defendant's receipt of financing from a nonparty in accordance with a specified commitment letter. Since the specified financing was never received, the condition failed, and thus there was no modification (see Sichol v Crocker, 177 A.D.2d 842 [1991], lv...

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