CITIGIFTS v. PECHNIK

Order affirmed, with costs. The Appellate Division properly concluded that there was a novation which extinguished the old agreement and relegated plaintiffs to an action for breach of the new agreement (Northville Indus. Corp. v Fort Neck Oil Terms. Corp., 100 A.D.2d 865, 867, affd 64 N.Y.2d 930).

Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR.