CITY NATL. BANK v. MORELLI RATNER, P.C.

8601, 158388/14.

170 A.D.3d 434 (2019)

95 N.Y.S.3d 202

2019 NY Slip Op 01541

City National Bank, Respondent, v. Morelli Ratner, P.C., et al., Appellants.

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

Decided March 5, 2019.


Plaintiff seeks to collect the outstanding balance of a loan. Defendants do not dispute the existence of the loan or that it has not been fully paid, but claim that its terms were altered by a subsequent oral modification agreement.

The record is clear that the parties were never truly in agreement on the terms of such a modification (see Silber v New York Life Ins. Co., 92 A.D.3d 436, 439-440 [1st Dept 2012]). Contrary to...

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