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Partial Performance of an Oral Modification Will Allow Enforcement of the Oral Modification Even Where the Written Agreement Prohibits Oral Modification

The Second Department explained that an oral modification of a written agreement which prohibits oral modification can be enforced if there is partial performance of the oral modification:

“Generally, a written agreement which prohibits oral modification can only be changed by an executory agreement . . . in writing'” (…General Obligations Law § 15-301 [1]). “However, an oral modification is enforceable if the party seeking enforcement can demonstrate partial performance of the oral modification, which performance must be unequivocally referable to the modification” … . Matter of Latin Events LLC v Doley, 2014 NY Slip Op 05644, 2nd Dept 8-6-14

 

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