Royal National Bank v. Central Park Towers Construction Corp.

Order entered September 9, 1965, denying plaintiff's motion for summary judgment, unanimously reversed, on the law, with $50 costs and disbursements to plain tiff-appellant, and the motion granted. Defendant is estopped from asserting the contemporaneous oral agreement not to enforce the note to plaintiff bank according to its terms. (Mount Vernon Trust Co. v. Bergoff, 272 N. Y. 192 , 196.) Concur — Breitel, J. P., Rabin, McNally and Capozzoli, JJ.