Spileos v. DiCenso

In this action plaintiff seeks to recover for a loan he allegedly made to defendant Paul DiCenso (“DiCenso”) and defendant Dental Horizon, Inc. (“Dental”). The court excluded plaintiffs offered evidence of a loan, ruling that the parol evidence rule precluded all such evidence. Plaintiff now appeals to this division from the court?s finding for the defendants. We vacate the judgment and remand for a new trial.

Plaintiffs version of the facts is as follows:2 In November 1981 the defendant DiCenso, plaintiffs then brother-in-law, asked him for a loan. At the time, DiCenso was a principal in…