Opinion
September 22, 1992
Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).
The contract sued upon is clear and unambiguous. Plaintiff's failure to perform constituted a material breach of contract and failure of consideration that gave defendant the right to rescind (Fugelsang v Fugelsang, 131 A.D.2d 810, 812). There being no ambiguity in the terms and conditions of the contract, the IAS Court properly precluded any consideration of parol evidence (see, Buckthorn, Ltd. v Rollins Burdick Hunter, 109 A.D.2d 8, 10-11).
We have considered appellant's other claims and find them to be without merit.
Concur — Sullivan, J.P., Carro, Milonas, Wallach and Kupferman, JJ.