
Val-Ford Realty Corp. v. J.Z.'s Toy World, Inc.
Supreme Court of New York, Appellate Division
647 N.Y.S.2d 488 (1996)
Relevant factsFree
J.Z.'s Toy World and its individual guarantor (defendants) signed a lease and guaranty with Val-Ford (plaintiff), then defaulted; Val-Ford sued and moved for summary judgment. The defendants conceded signing both documents but argued the parties mutually intended them as a sham created to defraud Val-Ford's construction lender — the individual defendant, notably, also served as a Val-Ford corporate director. The trial court denied Val-Ford's summary judgment motion, and Val-Ford appealed.
IssueFree
Whether parol evidence that would alter the terms of an integrated written agreement is admissible where such evidence demonstrates the written agreement is not an enforceable instrument.
Related cases
135 East 57th Street LLC v. Daffy’s Inc.934 N.Y.S.2d 112 (N.Y. App. Div. 2011)Joseph Martin, Jr., Delicatessen, Inc. v. Schumacher417 N.E.2d 541 (1981)936 Second Avenue L.P. v. Second Corporate Development Co. Inc.891 N.E.2d 289 (2008)Todd v. Krolick466 N.Y.S.2d 788 (1983)Bank Leumi Trust Company of New York v. Liggett496 N.Y.S. 2d 14 (1985)