Beagle Developers, LLC v Long Is. Beagle Club #II, Inc., 2009 NY Slip Op 05258 (App. Div., 1st, 2009)
Nor were the contract's unambiguous terms modified by defendant's
attempt to accommodate plaintiff's requests for documents relating to
the merger. The contract clearly states that a waiver of any right at
one time does not waive any right at any other time, and further states
that the contract may only be modified in writing. Plaintiff cannot
negate these unambiguous terms by parol evidence (see Namad v Salomon, 74 NY2d 751, 753 [1989]; Rose v Spa Realty Assoc.,
42 NY2d 338, 343 [1977]).
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