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POLYGRAM HOLDING, INC. v. CAFARO

42 A.D.3d 339 (2007)

839 N.Y.S.2d 493

POLYGRAM HOLDING, INC., Respondent, v. AL CAFARO, Appellant.

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

Decided July 12, 2007.

Absent fraud or mutual mistake, the parol evidence rule precludes a party from offering evidence to contradict or modify an unambiguous contract (see Marine Midland Bank-S. v Thurlow, 53 N.Y.2d 381, 387 [1981]). Nevertheless, parol evidence may be offered "to show that a writing, although purporting to be a contract, is, in fact, no contract at all" (Val-Ford Realty Corp. v J.Z.'s Toy World, 231 A.D.2d 434...

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