Opinion
2207
November 18, 2003.
Judgment, Supreme Court, New York County (Walter Tolub, J.), entered January 17, 2003, which, after a nonjury trial, inter alia, awarded plaintiffs, against defendants, jointly and severally, the principal sum of $225,000, unanimously affirmed, with costs.
Lawrence N. Weiss, for plaintiffs-respondents.
Frederic B. Goodman, for defendants-appellants.
Before: Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ.
The trial court properly found that the parties' 1996 agreement obligating defendants to repay plaintiffs the principal sum of $225,000 was never superseded, as alleged by defendants, by a 1998 agreement freeing them of the repayment obligation. The purported 1998 agreement, although drafted, was never signed by all the necessary parties, nor was there evidence of performance unequivocally referable to it (see Rose v. Spa Realty Assocs., 42 N.Y.2d 338; H.P.I. Intl. v. Kronen, 203 A.D.2d 325;Tierney v. Capricorn Investors, L.P., 189 A.D.2d 629, lv denied 81 N.Y.2d 710; Wasserstrom v. Interstate Litho Corp., 114 A.D.2d 952).
We have considered defendants' remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.