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WEINGARTEN v. S & R MEDALLION CORP.

5609N, 102230/08

87 A.D.3d 947 (2011)

929 N.Y.S.2d 864

2011 NY Slip Op 6655

VICTOR WEINGARTEN, Appellant, v. S & R MEDALLION CORP. et al., Respondents, et al., Defendant.

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

Decided September 29, 2011.

The court providently exercised its discretion in denying plaintiff's motion. The proposed allegation of a "tacit" modification of the parties' written agreement, which required modifications to be in writing, is clearly devoid of merit (see Bishop v Maurer, 83 A.D.3d 483, 485 [2011]). Plaintiff denies that there was any oral modification of the written agreement, and he makes no allegations to support a claim of modification based...

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