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Priolo v. St. Mary's Home for Working Girls

Appellate Division of the Supreme Court of New York, First Department
Sep 1, 1994
207 A.D.2d 664 (N.Y. App. Div. 1994)

Opinion

September 1, 1994

Appeal from the Supreme Court, New York County (Beverly Cohen, J.).


We disagree with the IAS Court that proof of the alleged oral agreement giving plaintiffs the right to stay at defendants' residence indefinitely is necessarily barred by the parol evidence rule, there being an issue of fact whether the print in the parties' written agreement limiting residency to four years was less than eight points in depth, and thus a question whether the parties have an enforceable written contract (CPLR 4544). In addition, as to those plaintiffs who lived in defendants' residence for two years before signing written agreements limiting their residency to four years, parol evidence is admissible to show that the written agreements were not supported by consideration (see, Ehrlich v. American Moninger Greenhouse Mfg. Corp., 26 N.Y.2d 255, 258; Richardson, Evidence § 608 [Prince 10th ed]). Accordingly, we modify to reinstate the fifth cause of action and otherwise affirm for the reasons stated by the IAS Court ( 157 Misc.2d 494).

Concur — Sullivan, J.P., Rosenberger, Ross, Williams and Tom, JJ.


Summaries of

Priolo v. St. Mary's Home for Working Girls

Appellate Division of the Supreme Court of New York, First Department
Sep 1, 1994
207 A.D.2d 664 (N.Y. App. Div. 1994)
Case details for

Priolo v. St. Mary's Home for Working Girls

Case Details

Full title:SANTINA PRIOLO et al., Respondents-Appellants, and GERALDINE MARTINS et…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 1, 1994

Citations

207 A.D.2d 664 (N.Y. App. Div. 1994)
616 N.Y.S.2d 36

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