VNB N.Y., LLC v Yellow Raven Cab Corp.

Holding The plaintiff established prima facie entitlement to summary judgment on the note and guaranty, as the defendant’s failure to submit a signed extension agreement did not raise a triable issue of fact given objective evidence of intent. The court held that the plaintiff’s acceptance of reduced payments did not constitute a waiver of the right to full repayment due to the unambiguous no-waiver clause in the documents.

The court’s words

Plaintiff established prima facie entitlement to summary judgment through the note executed by defendant Yellow Raven Cab Corp.

2026 NY Slip Op 06547, at the official text

VNB's failure to submit a copy of the Extension Agreement signed by its representative does not raise a triable issue of fact under the circumstances

2026 NY Slip Op 06547, at the official text

Tochin ratified the Note by signing multiple amendments and extensions, particularly during the COVID-19 pandemic, precluding any dispute regarding its authenticity or enforceability

2026 NY Slip Op 06547, at the official text

VNB's acceptance of reduced payments and its modification of payment schedules did not constitute an unequivocal waiver of its right to full repayment of the loan by the maturity date

2026 NY Slip Op 06547, at the official text