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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.

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