Warshaw Burstein Cohen Schlesinger & Kuh v. Swett

Appellate Division of the Supreme Court of New York

Warshaw Burstein Cohen Schlesinger & Kuh v. Swett

158 A.D.2d 350, 551 N.Y.S.2d 827, 1990 N.Y. App. Div. LEXIS 1365

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

DecidedFebruary 13, 1990

StatusPublished

This text of 158 A.D.2d 350 (Warshaw Burstein Cohen Schlesinger & Kuh v. Swett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Warshaw Burstein Cohen Schlesinger & Kuh v. Swett, 158 A.D.2d 350, 551 N.Y.S.2d 827, 1990 N.Y. App. Div. LEXIS 1365 (N.Y. Ct. App. 1990).

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Opinion

Plaintiff has standing, as escrow agent, to maintain this action (Oppenheim v Simon, 57 AD2d 1006). The claims of fraudulent inducement are barred by specific disclaimers in the contract (Citibank v Plapinger, 66 NY2d 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 NY 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 AD2d 702). Concur—Rosenberger, J. P., Asch, Ellerin and Wallach, JJ.

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Plaintiff has standing, as escrow agent, to maintain this action (Oppenheim v Simon, 57 AD2d 1006). The claims of fraudulent inducement are barred by specific disclaimers in the contract (Citibank v Plapinger, 66 NY2d 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 NY 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 AD2d 702). Concur—Rosenberger, J. P., Asch, Ellerin and Wallach, JJ.

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Bluebook (online)

158 A.D.2d 350, 551 N.Y.S.2d 827, 1990 N.Y. App. Div. LEXIS 1365, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warshaw-burstein-cohen-schlesinger-kuh-v-swett-nyappdiv-1990.

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