LAX v. DESIGN QUEST N.Y. LTD.

8715, 105299/11.

101 A.D.3d 431 (2012)

955 N.Y.S.2d 34

2012 NY Slip Op 8406

SUSAN LAX et al., Appellants, v. DESIGN QUEST N.Y. LTD. et al., Respondents.

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

December 6, 2012.


Given that plaintiffs' alleged oral contract was formed after execution of the parties' written agreement, it did not fall within the parol evidence rule (see Marine Midland Bank-S. v Thurlow, 53 N.Y.2d 381, 387 [1981]). Nor was it barred as an oral modification to the parties' contract, as that contract contained no clause prohibiting oral modification (see General Obligations Law § 15-301). Nor was dismissal supported...

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