Legal Opinion

Torres v. D'Alesso

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

Decided October 7, 2010PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Saxe, J.P.

When both parties to a real estate sales contract have executed and delivered to the other party a completely integrated written contract containing the specific language that any prior oral agreements or representations are merged into the writing, and that “neither party reifies] upon any statement made by anyone else that is not set forth in this contract,” such a contract may not be avoided by a claim of a prior orally-agreed-upon condition precedent to the effectiveness of the contract. The rule that the parties to a written contract may orally agree to a…

2Cases cited20 opinions

  1. Mitchill v. LathNew York Court of Appeals · 1928
  2. Ware v. AllenSupreme Court of the United States · 1888
  3. Hicks v. BushNew York Court of Appeals · 1962
  4. Worrall v. . MunnNew York Court of Appeals · 1851
  5. Reynolds v. . RobinsonNew York Court of Appeals · 1888

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3Cited by20 opinions

  1. Edelman Arts, Inc. v. Art International (UK) Ltd.District Court, S.D. New York · 2012
  2. Bank of New York Mellon Trust Co. v. Solstice ABS CBO II, Ltd.District Court, S.D. New York · 2012
  3. Fundamental Long Term Care Holdings, LLC v. Cammeby's Funding LLCAppellate Division of the Supreme Court of the State of New York · 2012
  4. Schron v. GrunsteinNew York Supreme Court · 2011
  5. Schron v. Troutman Sanders LLPAppellate Division of the Supreme Court of the State of New York · 2012

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