Legal Opinion

Tropical Leasing, Inc. v. Fiermonte Chevrolet, Inc.

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

Decided May 27, 1981PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Moule, J.

The question presented on appeal is whether Special Term, upon a motion for summary judgment, erred in holding that defendant’s parol evidence was admissible to prove a condition precedent to the effectiveness of a written agreement.

This appeal arises out of an action commenced by plaintiff for damages allegedly sustained as a result of defendant’s failure to deliver a 1978 Limited Edition Chevrolet *468Corvette “Indy” Quick-Spec Pace Car (Indy Corvette), pursuant to a retail order placed by plaintiff with defendant and accepted by it. The Indy Corvette was assembled…

2Cases cited3 opinions

  1. Hicks v. BushNew York Court of Appeals · 1962
  2. Hunt Foods & Industries, Inc. v. DolinerAppellate Division of the Supreme Court of the State of New York · 1966
  3. Procopis v. G. P. P. Restaurants, Inc.Appellate Division of the Supreme Court of the State of New York · 1974

3Cited by10 opinions

  1. Hunts Point Tomato Co. v. Roman Crest Fruit, Inc. (In Re Roman Crest Fruit, Inc.)United States Bankruptcy Court, S.D. New York · 1983
  2. Torres v. D'AlessoAppellate Division of the Supreme Court of the State of New York · 2010
  3. VJK Productions, Inc. v. Friedman/Meyer Productions, Inc.District Court, S.D. New York · 1983
  4. Bohlen Industries of North America, Inc. v. Flint Oil & Gas, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
  5. Morgan Stanley High Yield Securities, Inc. v. Seven Circle Gaming Corp.District Court, S.D. New York · 2003

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