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TORRES v. D'ALESSO

5361, 115881/07, 591167/07.

80 A.D.3d 46 (2010)

910 N.Y.S.2d 1

RAMON A. TORRES, Respondent-Appellant, v. PETER D'ALESSO, Appellant-Respondent and Third-Party Plaintiff-Appellant-Respondent. GREENBLATT & AGULNICK, P.C., et al., Third-Party Defendants-Respondents-Appellants.

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

Decided October 7, 2010.

Attorney(s) appearing for the Case

Gallet Dreyer & Berkey, LLP, New York City ( Morrell I. Berkowitz and Peter A. Massa of counsel), for appellant-respondent.

Greenblatt & Agulnick, P.C., Great Neck ( Scott E. Agulnick of counsel), for respondents-appellants.

MOSKOWITZ and ACOSTA, JJ., concur with SAXE, J.P.; CATTERSON and MCGUIRE, JJ., dissent in a separate opinion by MCGUIRE, J.

OPINION OF THE COURT

SAXE, J.P.

When both parties to a real estate sales contract have executed and delivered to the other party a completely integrated written contract containing the specific language that any prior oral agreements or representations are merged into the writing, and that "neither party rel[ies] upon any statement made by anyone else that is not set forth in this contract," such a contract may not be avoided by a claim of a prior orally...

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