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SCHAPFEL v. TAYLOR

65 A.D.3d 620 (2009)

DIETER SCHAPFEL, Respondent, v. THOMAS A. TAYLOR et al., Appellants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided August 18, 2009.

Ordered that the order is affirmed, with costs.

The defendants' contention that the plaintiff's 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 contrary in the agreement" (Bank Leumi Trust Co. of N.Y. v Block 3102 Corp., 180 A.D.2d 588, 590 [1992...

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