Ordered that the order is affirmed, with costs.
While the plaintiff submitted proof of the promissory notes and the guaranty, and the failure to make the requisite payment ( see, North Fork Bank v. Rosen, 225 A.D.2d 598), the defendant raised a triable issue of fact regarding oral modification of the existing notes and guaranty. While the original documents contained clauses prohibiting oral modification, the defendant submitted evidence showing partial performance of the alleged oral agreement ( see generally, Rose v. Spa Realty Assocs., 42 N.Y.2d 338).
Copertino, J. P., Sullivan, Pizzuto and Lerner, JJ., concur.