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TAORMINA v. HIBSHER

215 A.D.2d 549 (1995)

626 N.Y.S.2d 559

Alfonso Taormina et al., Appellants, v. Leonard Hibsher et al., Respondents

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

May 15, 1995

Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

While it is true that a general merger clause is ineffective to exclude parol evidence of fraud in the inducement, a specific disclaimer defeats any allegation that the contract was executed in reliance upon the representations to the contrary (see, Couch v Schmidt, 204 A.D.2d 951; Weiss...

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