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1537 ASSOCIATES v. KAPRIELIAN ENTERPRISES, INC.

259 A.D.2d 447 (1999)

687 N.Y.S.2d 159

1537 ASSOCIATES, Respondent, v. KAPRIELIAN ENTERPRISES, INC., et al., Appellants.

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

Decided March 30, 1999.

While the general merger clause in the lease is ineffective to exclude the parol evidence of fraud in the inducement (see, Danann Realty Corp. v Harris, 5 N.Y.2d 317, 320; Blittner v Filroben Assocs., 183 A.D.2d 645), we nonetheless find that the motion court properly dismissed defendants' affirmative defense and counterclaim because the misrepresentation alleged, regarding the size of the...

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