Opinion
February 8, 1994
Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).
Defendants' opposition to the motions was insufficient to raise an issue of fact that plaintiff orally waived the no-oral-modification provision in the parties' security agreement governing the note in issue, and agreed to release defendants from their liability thereon. Moreover, the alleged waiver was still executory at the time plaintiff demanded payment from the guarantors, and thus could be withdrawn (compare, Blackman DeStefano Real Estate v. Smith, 157 A.D.2d 932, 934, with Congress Talcott Corp. v. Shapiro, 176 A.D.2d 551). We have considered the remaining arguments and find them to be without merit.
Concur — Sullivan, J.P., Rosenberger, Kupferman and Ross, JJ.