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BANK OF SUFFOLK COUNTY v. KITE

49 N.Y.2d 827 (1980)

Bank of Suffolk County, Respondent, v. Kenneth Kite, Defendant, and Francis J. Ryan, Appellant. (And a Third-Party Action.)

Court of Appeals of the State of New York.

Decided March 18, 1980.

Attorney(s) appearing for the Case

David E. Sallah for appellant.

Morris Shapiro and Jerome M. Luks for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

It is true that parol evidence may be admissible to prove a condition precedent to the legal effectiveness of a written agreement if the condition is not contradictory or at variance with its express terms (Hicks v Bush, 10 N.Y.2d 488, 491; see Long Is. Trust Co. v International Inst. for Packaging...

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