RALCO, INC. v. CITIBANK, N.A.


32 A.D.3d 301 (2006)

820 N.Y.S.2d 248

RALCO, INC., et al., Appellants, v. CITIBANK, N.A., as Successor in Interest to European American Bank, et al., Respondents.

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

August 17, 2006.


The cause of action for breach of the covenant of good faith and fair dealing was properly dismissed based on the language of the note at issue, which precluded any oral modifications and contained no-waiver clauses providing that defendant European American Bank "shall not, by any act, delay, omission or otherwise, be deemed to have waived any of its rights and/or remedies." Any antecedent oral representations which vary or add to the terms of the note are barred by the...

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