New York Court of Appeals

Millerton Agway Cooperative, Inc. v. Briarcliff Farms, Inc., and Edward G. Brown

February 24, 196617 N.Y.2d 57

Summary

The New York Court of Appeals reversed the Appellate Division’s summary judgment, holding that the defendants’ claim of fraudulent inducement creates a material and triable issue of fact, that parol evidence of alleged fraudulent oral representations is admissible despite the unconditional written guarantees, and that the defense was not feigned. The matter must proceed to trial.