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BUSCH v. MASTROPIERRO

258 A.D.2d 492 (1999)

684 N.Y.S.2d 632

HAROLD BUSCH et al., Appellants, v. RAFAELLA MASTROPIERRO et al., Respondents.

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

Decided February 8, 1999.

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

While 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 contrary oral representations (see, Danann Realty Corp. v Harris, 5 N.Y...

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