CITIBANK v. PLAPINGER


107 A.D.2d 627 (1985)

Citibank, N. A., et al., Respondents, v. Allan R. Plapinger et al., Appellants

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

January 22, 1985


In this action upon promissory notes, defendants seek to avoid the express terms of a "Shareholders' Guaranty Absolute" which they executed, by alleging fraud in the inducement, as per certain alleged oral promises. (Cf. Millerton Agway Coop. v Briarcliff Farms, 17 N.Y.2d 57.) "Though oral proof may be admitted to show that a written pact was obtained by a fraud in its inducement, such...

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