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COLE v. MACKLOWE

40 A.D.3d 396 (2007)

836 N.Y.S.2d 568

WARREN COLE, Appellant-Respondent, v. HARRY MACKLOWE, Respondent-Appellant.

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

Decided May 17, 2007.

The parol evidence rule bars admission of extrinsic evidence to contradict or vary the terms of a written contract intended to embody the agreement between the parties. However, parol evidence may be offered to clarify ambiguities (Stage Club Corp. v West Realty Co., 212 A.D.2d 458, 459 [1995]) or show that it was not the parties' intention to enter into an enforceable contract (Savage Realty Co., Inc. v Lust, 203 App Div...

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