that he had other lenders waiting to finance the aircraft, this was untrue. Because the supposed consideration did not actually exist, there was not an oral modification. 31. However, under New York law, no consideration is required if the modification is in writing and is signed by the party against whom it i's sought to be enforced. N.Y. Gen. Oblig. Law § 5-1103. BCI argues that a modification (for a decreased fee of $50,000) was put in writing and signed by Fulcrum in a letter and invoice that Fulcrum sent to BCI on March 29, 2001. Even if this is true, however, this Court will not enforce such a modification because it was made in bad faith and based upon a blatant misrepresentation by the Defendant. See Pease & Elliman, Inc. v. Stewart, 50 Misc.2d 330, 270 N.Y.S.2d 324, 326 (1965) (<HOLDING>). Under general contract principles, it is well
holding that if a document is facially clear it will be construed according to its language holding that a statute must be construed if fairly possible so as to avoid not only the conclusion that it is unconstitutional but also grave doubts upon that score citations omitted holding that the lmra preempted plaintiffemployees claim under michigan law for tortious interference with contractual relations breach of contract is an essential element of a tortious interference claim and resolution of such claim would require the court to interpret collective bargaining agreement to determine if that agreement had been breached holding that a tortious interference claim could not be maintained against a corporate officer of a publisher where the underlying agreement was between the publisher and a sales representative because the corporation and its agent are considered one so that there is no party against whom a claim for contractual interference will lie holding that even if an indemnity agreement could fairly be construed as protecting against a claim it was unenforceable for such a purpose under the doctrine that a court will not lend its aid to one who bases his cause of action upon his own wilful and deliberate tortious acts