GUTHARTZ v. CITY OF NEW YORK


66 A.D.2d 707 (1978)

Barnett Guthartz, Respondent, v. City of New York et al., Appellants

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

December 14, 1978


The complaint is essentially based on alleged misrepresentations or failures by the city to perform its obligations. But these misrepresentations, even as alleged, are only promissory in nature and thus they, as well as the claims based on the other alleged promises by the city, are barred by the parol evidence rule and the "entire agreement" provision of the lease and the provision forbidding modification otherwise than in writing. There is no allegation that the city did...

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