Torres v. D'Alesso

The issue in this case is whether an oral agreement between the parties to a written contract for the sale of real estate is enforceable as an “orally established condition precedent” to the contract (Hicks v Bush, 10 NY2d 488, 491 [1962]). The majority and I agree that an exception to the parol evidence rule permits the validity of such an oral condi*60tion precedent to be recognized under certain circumstances. We disagree, however, in two principal respects: whether integrated contracts for the sale of real estate that contain a merger clause are categorically excluded from that exception as…