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WHIRLPOOL CORP. v. REGIS LEASING CORP.

29 A.D.2d 395 (1968)

Whirlpool Corporation, Appellant, v. Regis Leasing Corporation, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 21, 1968.

Attorney(s) appearing for the Case

George R. Hinckley of counsel (Allan J. Kirschner with him on the brief; Liebman, Eulau, Robinson & Perlman, attorneys), for appellant.

Leon P. Gold of counsel (Ralph L. Ellis with him on the brief; Shea Gallop Climenko & Gould, attorneys), for respondent.

STEVENS, J. P., EAGER and TILZER, JJ., concur with BASTOW, J.; McGIVERN, J., dissents in opinion.

BASTOW, J.

This appeal from an order denying plaintiff's motion for summary judgment presents anew the question as to whether parol evidence that defendant proposes to introduce upon a trial is consistent with and not contradictory of a written instrument for the purchase of merchandise or on the other hand is inadmissible because inconsistent with the writing, or if consistent therewith is such that if agreed...

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