Opinion
February 13, 1996
Appeal from the Supreme Court, New York County (Herman Cahn, J.).
Plaintiff fails to raise an issue of fact that she justifiably relied upon the alleged oral promise to invest hundreds of thousands of dollars in the company in the future, given the merger clauses in the subject written agreements ( see, Citibank v. Plapinger, 66 N.Y.2d 90; Danann Realty Corp. v. Harris, 5 N.Y.2d 317, 320-321), and plaintiff's admission that defendants expressly declined to promise future investment in such agreements ( see, Deligiannis v. Pepsico, Inc., 757 F. Supp. 241, 255).
Concur — Wallach, J.P., Nardelli, Williams and Mazzarelli, JJ.