61 Misc. 2d 126 | N.Y. Sup. Ct. | 1969
The wi'thin action was instituted on June 24, 1969 for a money judgment arising from the nonpayment of a promissory note made by the defendants, payable to Associated Drywall Company, dated at Rochester, New York, 1967 and due “ninety days after date.” Defendants concede the making of the note, but claim that it is not yet due, because at the time the note was made, it was orally agreed that payment on the note would only be due upon commencement of construction of a cértain described building or within six years, whichever event should occur sooner.
The issue presented is whether the alleged oral contemporaneous agreement may be availed of as a defense.
The delivery of a contract complete in form does not bar parol evidence that the instrument is 11 not to become binding until the happening of some condition precedent resting in parol, or that the transfer is for a special purpose. ’ ’ (Grannis v. Stevens, 216 N. Y. 583, 587; see 41 N. Y. Jur., Negotiable Instruments, § 225; Uniform Commercial Code, § 3-306.)
Accordingly, no triable issue of fact exists and the motion of plaintiff for summary judgment is granted.
In view of the foregoing holding it is unnecessary to pass on other contentions of defendants respecting the authority of certain individuals to make such alleged agreement.