LANDESBANK v. 45 JOHN STREET LLC

9079-108832/09, 9080.

102 A.D.3d 587 (2013)

960 N.Y.S.2d 64

2013 NY Slip Op 419

BAYERISCHE LANDESBANK, Respondent/Counterclaim Defendant-Respondent, v. 45 JOHN STREET LLC, et al., Appellants/Countercliam Plaintiffs-Defendant-Respondent,

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

Decided January 29, 2013.


Defendants borrower and developers' contract counterclaim seeking damages for failure to increase the amount of a construction loan on a condominium conversion project was barred by the no-oral modification and no-waiver provisions of the loan documents, and the email relied upon by defendants, which contained a pre-printed signature, was not a sufficient writing under the statute of frauds (see Mark Bruce Intl., Inc. v Blank Rome LLP, 19 Misc.3d 1140[A], 2008 NY Slip...

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