Blittner v. Friesch-Groningshe Hypotheebank Realty Credit Corporation

—Order, Supreme Court, New York County (Herman Cahn, J.), entered June 1, 1994, which, inter alia, granted defendant summary judgment dismissing the complaint, and granted defendant summary judgment as to liability on its counterclaim for reimbursement of certain expenses, unanimously affirmed, with costs.

Despite language in the commitment letter that there could be no oral modification of its, terms, plaintiff argues that the deadline for closing of the loan was modified orally several times. There is, however, no evidence of performance unequivocally referable to the alleged waiver of the…