presence of a merger clause (New York) · Go Syfert
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presence of a merger clause in New York

6 New York opinions name it 1 courts 1987–2017 0 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Sabo v. Delmangreen
ny · 1957 · cited in 3 New York opinions naming this issue, 1988–2012
2 sentences

2012Consideration of parol evidence as to fraudulent misrepresentations is permissible despite the presence of a merger clause in a contract (see Sabo v Delman, 3 NY2d 155, 161 [1957]).

2012Consideration of parol evidence as to fraudulent misrepresentations is permissible despite the presence of a merger clause in a contract (see Sabo v Delman, 3 NY2d 155, 161 [1957]).

23
Danann Realty Corp. v. Harrisgreen
ny · 1959 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012Notably, there is no express statement in the lease that the parties disclaim reliance on oral representations (cf. Danann Realty Corp. v Harris, 5 NY2d 317, 320-321 [1959]; Yellow Book Sales & Distrib.

2012Notably, there is no express statement in the lease that the parties disclaim reliance on oral representations (cf. Danann Realty Corp. v Harris, 5 NY2d 317, 320-321 [1959]; Yellow Book Sales & Distrib.

22
Laba v. Careygreen
ny · 1971 · cited in 2 New York opinions naming this issue, 1987–1988
2 sentences

1988Courts will not adopt interpretations of a contract which would render it without force and effect (see, Laba v Carey, supra, at 308), particularly in the presence of a merger clause in that contract.

1987Courts will not adopt interpretations of a contract which would render it without force and effect (see, Laba v Carey, supra, at 308), particularly in the presence of a merger clause in that contract.

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Cammeby's Equity Holdings LLC v. Mariner Health Care, Inc. green
nyappdiv · 2013
1 sentence

2017Likewise, the plaintiff’s contentions that the proffered defenses are barred by the parol evidence rule and by the presence of a merger clause in the underlying asset purchase agreement are unpersuasive (see Cammeby’s Equity Holdings LLC v Mariner Health Care, Inc., 106 AD3d 563 , 564 [2013]), especially in view of the plaintiff’s failure to provide the court with the various exhibits and schedules that were appended to the agreement.

12017–2017

Where else courts name it

GA 7 (1988–1998) NY 6 (1987–2017) NC 3 (1992–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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