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NASSAU LLC v. ANN/NASSAU LLC

Nos. 116402/08, 8855.

105 A.D.3d 33 (2013)

960 N.Y.S.2d 70

NASSAU BEEKMAN LLC, Appellant, v. ANN/NASSAU REALTY LLC, Respondent.

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

January 31, 2013.

Attorney(s) appearing for the Case

Claude Castro & Associates, PLLC, New York City ( Claude Castro and D. Paul Martin of counsel), for appellant.

Greenberg Traurig, LLP, New York City ( Steven Sinatra and Daniel R. Milstein of counsel), for respondent.

ANDRIAS, J.P., MOSKOWITZ, FREEDMAN and ABDUS-SALAAM, JJ., concur.

OPINION OF THE COURT

SAXE, J.

A standard provision included in many commercial contracts is one requiring any modification of the agreement to be in writing. Nevertheless, courts are presented over and over again with litigation arising out of circumstances where one party to a contract wrongly presumes, based on past practice, that an oral modification will be sufficient. This appeal illustrates the problem.

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