Caribbean Atlantic Airlines, Inc. v. Rolls-Royce, Ltd.

Orders, Supreme Court, New York County, entered on March 10, 1972, denying motion by defendants-appellants for summary judgment, reversed, on the law, the motion granted, the complaint, verified December 5, 1968, dismissed and the action severed as to defendants-appellants. Appellants shall recover of respondent $50 costs and disbursements of this appeal. In our judgment, two roadblocks effectively bar a recovery as to this complaint: (a) The superseding and merging clauses in both contracts excluded reliance on any alleged representations external to the agreements, which by their terms were…