WARSHAW v. HASSID


41 A.D.2d 652 (1973)

Robert Warshaw, Respondent, v. Laura Hassid, Appellant

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

February 5, 1973


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

No questions of fact were presented on this appeal. It was reversible error on the part of the trial court to sustain plaintiff's objection to defendant's attempted cross-examination of plaintiff and to reject the proof summarized in defendant's offer of proof. The parol evidence rule has no application in a suit brought to rescind a contract on the ground of fraud (Barash v. Pennsylvania...

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