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McFARLAND v. OPERA OWNERS, INC.

6680, 650916/10

92 A.D.3d 428 (2012)

937 N.Y.S.2d 591

2012 NY Slip Op 729

JOHN McFARLAND et al., Appellants, v. OPERA OWNERS, INC., Respondent.

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

Decided February 2, 2012.

The IAS court properly dismissed the breach of contract claim because plaintiffs concededly failed to comply with express conditions precedent to the contract (see Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co., 86 N.Y.2d 685, 690 [1995]).

The court properly dismissed the fraud claim as barred by the merger clause, "as is" clause, and other disclaimers (see Rivietz...

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