Legal Opinion

Central Federal Savings v. Berk

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

Decided May 15, 1995PublishedCited by 2 opinions

1Opinion of the Court

In an action to recover on a promissory note that was commenced pursuant to CPLR 3213 by a motion for summary judgment in lieu of complaint, the defendant appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Nassau County (Wager, J.), entered September 27, 1994, as is in favor of the plaintiff and against him in the principal sum of $915,830.02.

Ordered that the judgment is affirmed insofar as appealed from, with costs.

The parol evidence rule bars the defendant from introducing evidence of an alleged oral modification to the promissory note (see, General…

2Cases cited3 opinions

  1. Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
  2. Pau v. BellaviaAppellate Division of the Supreme Court of the State of New York · 1988
  3. Mel-Stu Construction Corp. v. Melwood Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. Gross v. FruchterAppellate Division of the Supreme Court of the State of New York · 1996
  2. Manufacturers & Traders Trust Co. v. StewartAppellate Division of the Supreme Court of the State of New York · 2006

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