Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

ALBINO v. LIPSTEIN

Appellate Division of the Supreme Court of New York, Second Department.
Nov 28, 1994

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.