Morris Glasser & Son, Inc. v. Jonwal Construction Co.

Memorandum Per Curiam.

Plaintiff cannot recover for the alleged extra work upon the alleged oral contract relied on or upon the claim that the written contract was modified by the oral agreement. Paragraph “ 9 ” of the agreement expressly provides that such a claim may not be made unless it is in writing and signed by the defendant; the alleged oral modification is, therefore, ineffective. (See Real Property Law, § 282, subd. 1; Personal Property Law, § 33-c. ) Also, the architect’s decision that the alleged extra work is not such but is included by the provisions of the specifications is…