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MACK-LOWE v. PICAULT-CADET

33 A.D.3d 504 (2006)

823 N.Y.S.2d 55

TAMARA MACK-LOWE, Respondent, v. YANICK PICAULT-CADET, Appellant.

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

Decided October 24, 2006.

It is well settled that parol evidence may be admissible to establish a condition precedent to the legal effectiveness of a written contract if such condition is not contradictory to, or in variance with, the written terms of the agreement (Bank of Suffolk County v Kite, 49 N.Y.2d 827, 828 [1980]; Hicks v Bush, 10 N.Y.2d 488, 491 [1962]), and the merger clause, which provides that the written...

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