1537 Associates v. Kaprielian Enterprises, Inc.

Order, Supreme Court, New York County (Carol Huff, J.), entered July 1, 1998, which, to the extent appealed from, granted plaintiff’s motion to dismiss defendants’ affirmative defenses and counterclaims *448to the extent of dismissing the affirmative defense and counterclaim alleging fraud in the inducement, unanimously affirmed, with costs.

While the general merger clause in the lease is ineffective to exclude the parol evidence of fraud in the inducement (see, Danann Realty Corp. v Harris, 5 NY2d 317, 320; Blittner v Filroben Assocs., 183 AD2d 645), we nonetheless find that the motion court…