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LOMBARD & CO., INC. v. DE LA ROCHE

235 A.D.2d 333 (1997)

652 N.Y.S.2d 965

Lombard & Co., Inc., Appellant, v. German De La Roche, Respondent

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

January 28, 1997

The motion court properly considered parol evidence in finding that defendant had raised a triable issue as to whether the instruments were part of a "sham" transaction in which they were never intended to operate as promissory notes at all (Bernstein v Kritzer, 253 N.Y. 410, 416). Contrary to plaintiff's contention, there is no evidence here of any scheme in contravention of public policy that should preclude application...

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