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TROPICAL v. FIERMONTE CHEV.

80 A.D.2d 467 (1981)

Tropical Leasing, Inc., Appellant, v. Fiermonte Chevrolet, Inc., Respondent

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

May 27, 1981

Attorney(s) appearing for the Case

Costello, Cooney & Fearon (William A. Feinstein of counsel), for appellant.

Langan, Grossman, Kinney & Dwyer (John P. Kinney of counsel), for respondent.

CARDAMONE, J. P., DOERR, DENMAN and SCHNEPP, JJ., concur.

MOULE, J.

The question presented on appeal is whether Special Term, upon a motion for summary judgment, erred in holding that defendant's parol evidence was admissible to prove a condition precedent to the effectiveness of a written agreement.

This appeal arises out of an action commenced by plaintiff for damages allegedly sustained as a result of defendant's failure to deliver a 1978 Limited Edition Chevrolet

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