CARIBBEAN ATL. AIRLINES, INC. v. ROLLS-ROYCE, LTD.


39 A.D.2d 673 (1972)

Caribbean Atlantic Airlines, Inc., Respondent, v. Rolls-Royce, Limited, et al., Defendants, and General Dynamics Corporation, Appellant Caribbean Atlantic Airlines, Inc., Respondent, v. Rolls-Royce, Limited, et al., Appellants, et al., Defendants

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

May 12, 1972


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...

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