Opinion
1435
June 17, 2003.
Order, Supreme Court, New York County (Ira Gammerman, J.), entered January 17, 2003, which granted plaintiff's motion pursuant to CPLR 3213 for summary judgment in lieu of complaint, unanimously affirmed, with costs.
Jack A. Greenbaum, for plaintiff-respondent.
LeRoy S. Corsa, for defendant-appellant.
Before: Nardelli, J.P., Tom, Andrias, Sullivan, Friedman, JJ.
Defendant's acceptance of plaintiff's offer to modify the repayment terms of their loan agreement was unambiguously conditioned on defendant's receipt of financing from a nonparty in accordance with a specified commitment letter. Since the specified financing was never received, the condition failed, and thus there was no modification (see Sichol v. Crocker, 177 A.D.2d 842, lv denied 79 N.Y.2d 755). Accordingly, the motion court properly granted plaintiff summary judgment pursuant to the terms of the original loan agreement. We have considered and rejected defendant's other arguments.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.