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Warshaw Burstein Cohen Schlesinger & Kuh v. Swett

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1990
158 A.D.2d 350 (N.Y. App. Div. 1990)

Opinion

February 13, 1990

Appeal from the Supreme Court, New York County (David Saxe, J.).


Plaintiff has standing, as escrow agent, to maintain this action (Oppenheim v Simon, 57 A.D.2d 1006). The claims of fraudulent inducement are barred by specific disclaimers in the contract (Citibank v Plapinger, 66 N.Y.2d 90). Nor would parol evidence be admissible to demonstrate that no contract ever came into existence since, properly construed in view of the evidence in the record, the right claimed by defendant to a further inspection of the premises was a condition subsequent, and not a condition precedent (Jamestown Business Coll. Assn. v Allen, 172 N.Y. 291).

The appeals from the interlocutory orders dated on or about March 16, 1989 and April 4, 1989 are dismissed, in view of the entry of final judgment (see, Jema Props. v McLeod, 51 A.D.2d 702).

Concur — Rosenberger, J.P., Asch, Ellerin and Wallach, JJ.


Summaries of

Warshaw Burstein Cohen Schlesinger & Kuh v. Swett

Appellate Division of the Supreme Court of New York, First Department
Feb 13, 1990
158 A.D.2d 350 (N.Y. App. Div. 1990)
Case details for

Warshaw Burstein Cohen Schlesinger & Kuh v. Swett

Case Details

Full title:WARSHAW BURSTEIN COHEN SCHLESINGER KUH, Respondent, v. BRADFORD N. SWETT…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Feb 13, 1990

Citations

158 A.D.2d 350 (N.Y. App. Div. 1990)
551 N.Y.S.2d 205