Schapfel v. Taylor

In an action, inter alia, to recover damages for breach of a contract for the sale of real property, the defendants appeal from an order of the Supreme Court, Suffolk County (Molia, J.), dated May 7, 2008, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The defendants’ contention that the plaintiffs waiver argument is precluded by the “no oral modifications” clause of the subject contract is without merit. In any event, “a contracting party may orally waive enforcement of a contract term notwithstanding a provision to the…