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WARSHAW BURSTEIN COHEN SCHLESINGER & KUH v. SWETT

158 A.D.2d 350 (1990)

Warshaw Burstein Cohen Schlesinger & Kuh, Respondent, v. Bradford N. Swett, Appellant

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

February 13, 1990

Plaintiff has standing, as escrow agent, to maintain this action (Oppenheim v Simon, 57 A.D.2d 1006). The claims of fraudulent inducement are barred by specific disclaimers in the contract (Citibank v Plapinger, 66 N.Y.2d 90). Nor would parol evidence be admissible to demonstrate that no contract ever came into existence since, properly construed in view of the evidence in the record, the...

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