Opinion
June 9, 1966
Order entered September 9, 1965, denying plaintiff's motion for summary judgment, unanimously reversed, on the law, with $50 costs and disbursements to plaintiff-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.