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Albino v. Lipstein

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1994
209 A.D.2d 655 (N.Y. App. Div. 1994)

Opinion

November 28, 1994

Appeal from the Supreme Court, Nassau County (Alpert, J.).


Ordered that the order is reversed, on the law, with costs, the motion for summary judgment in lieu of complaint is granted, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate judgment in accordance herewith.

The unambiguous and unconditional nature of the promissory note which the defendant issued to the plaintiff barred consideration of the parol evidence submitted by the defendant of an alleged oral agreement upon which his defenses are based (see, Citibank v. Plapinger, 66 N.Y.2d 90, 95-96; Halasz v. Dean, 203 A.D.2d 327). Mangano, P.J., Lawrence, Copertino, Krausman and Goldstein, JJ., concur.


Summaries of

Albino v. Lipstein

Appellate Division of the Supreme Court of New York, Second Department
Nov 28, 1994
209 A.D.2d 655 (N.Y. App. Div. 1994)
Case details for

Albino v. Lipstein

Case Details

Full title:JOSEPH ALBINO, Appellant, v. MICHAEL LIPSTEIN, Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 28, 1994

Citations

209 A.D.2d 655 (N.Y. App. Div. 1994)
619 N.Y.S.2d 672

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