Ordered that the order is affirmed, with costs.
The defendant set forth sufficient allegations in his affidavit in opposition to the plaintiff's motion for summary judgment in lieu of complaint to raise an issue of fact as to whether he was fraudulently induced to execute the promissory notes in question (see, Epstein v. Scally, 99 A.D.2d 713). Such allegations may be asserted despite the presence of a general merger clause in the parties' related contract for the purchase of the construction business previously owned by the plaintiff (see, Regal Limousine v. Allison Limousine Serv., 136 A.D.2d 534, 535; see also, Sabo v Delman, 3 N.Y.2d 155). Under the circumstances, the Supreme Court properly denied the plaintiff's motion for summary judgment. Lawrence, J.P., Miller, Ritter and Copertino, JJ., concur.