U. S. Concord, Inc. v. Koss Co-Graphics, Inc.

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered on or about March 5, 1993, which, in an action on a promissory note against the maker and guarantors, inter alia, granted plaintiffs motion for partial summary judgment on the issue of liability, unanimously affirmed, without costs.

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…