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Citigifts, Inc. v. Pechnik

67 N.Y.2d 774 Court N.Y. Decision date 1986-03-18 English

Contents

Majority

p. 774
Citigifts, Inc., et al., Appellants, v Samuel J. Pechnik et al., Respondents, et al., Defendants.
Argued February 10, 1986;
decided March 18, 1986
p. 775
APPEARANCES OF COUNSEL
Sherwin Grossfield for appellants.
Herbert Rubin, David B. Hamm and Barbara D. Goldberg for respondents.

OPINION OF THE COURT

Order affirmed, with costs. The Appellate Division properly concluded that there was a novation which extinguished the old agreement and relegated plaintiffs to an action for breach of the new agreement (Northville Indus. Corp. v Fort Neck Oil Terms. Corp., 100 AD2d 865 , 867, affd 64 NY2d 930 ).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.

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