Cirillo v. Slomin's Inc.
Supreme Court of New York, Nassau County
768 N.Y.S.2d 759 (2003)
The Cirillos (plaintiffs) bought a home alarm system from Slomin's Inc. (defendant) after a sales representative told them the system would automatically alert police even if the phone line were cut; the standardized purchase contract contained a merger clause and disclaimers stating no oral representations were made and that Slomin's made no warranty the system could not be circumvented. After a burglar cut the phone line and the alarm failed to alert anyone, the Cirillos were burglarized and sued Slomin's for fraud, negligence, and breach of warranty; Slomin's did not dispute the salesperson made the statement but argued the contract's disclaimers barred the claims.
Whether a contractual disclaimer of prior representations will always prevent a party from bringing a misrepresentation claim based on a precontractual statement.