Ordered that the order is affirmed, with costs.
In response to the plaintiff's prima facie showing of its entitlement to summary judgment based upon its presentment of the note and proof of the defendant's default, the defendant demonstrated the existence of a triable issue of fact. Contrary to the plaintiff's contention, the general language of the merger clause in the subject agreement of sale did not preclude the defendant's defense of fraud in the inducement or the defendant's use of parol evidence to establish its reliance upon certain representations allegedly made by the plaintiff ( see Green Apple Mgt. Corp. v. Aronis, 22 AD3d 462; Cleangen Corp. v. Filmax Corp., 3 AD3d 468). Accordingly, the Supreme Court properly denied summary judgment to the plaintiff.