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KIM v. XP SEC., LLC

651341/20. Appeal No. 14730. Case No. 2021-00735.

200 A.D.3d 420 (2021)

154 N.Y.S.3d 761

2021 NY Slip Op 06764

Bruce Kim, Appellant, v. XP Securities, LLC, Now Known as XP Investments US, LLC, et al., Respondents.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

The Law Office of Alexander Sakin, LLC, New York ( Alexander Sakin of counsel), for appellant.

Kasowitz Benson Torres LLP, New York ( Brian S. Choi of counsel), for respondents.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.

Plaintiff's employment agreement contained a merger provision stating generally that the agreement superseded all prior agreements, as well as a "no representations" clause stating specifically, "[Plaintiff] has not executed this Agreement in reliance upon any promise, representation, statement or warranty whatsoever, express or implied, which is not expressly contained in this Agreement." In light of these provisions, the motion...

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