Legal Opinion

Citibank, N. A. v. Plapinger

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 1985PublishedCited by 1 opinion

1Opinion of the Court

— Judgment, entered March 12, 1984 in Supreme Court, New York County (William P. McCooe, J.), granting plaintiffs summary judgment pursuant to CPLR 3212 in the amount of $19,211,889.14, is affirmed, with costs.

*628In this action upon promissory notes, defendants seek to avoid the express terms of a “Shareholders’ Guaranty Absolute” which they executed, by alleging fraud in the inducement, as per certain alleged oral promises. (Cf. Millerton Agway Coop. v Briarcliff Farms, 17 NY2d 57.) “Though oral proof may be admitted to show that a written pact was obtained by a fraud in its inducement, such…

Also in this document: Dissent.

2Cases cited13 opinions

Seaman-Andwall Corp. v. Wright Machine Corp.Appellate Division of the Supreme Court of the State of New York · 1968
Seaman-Andwall Corp. v. Wright MacH. Corp.New York Court of Appeals · 1971
Braten v. Bankers Trust Co.New York Court of Appeals · 1983
Millerton Agway Cooperative, Inc. v. Briarcliff Farms, Inc.New York Court of Appeals · 1966
Long Island Trust Co. v. International Institute for Packaging Education, Ltd.New York Court of Appeals · 1976

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3Cited by1 opinion

Schneider v. OG & C CORP.District Court, S.D. New York · 1988