UNDERHILL HOLDINGS, LLC v. TRAVELSUITE, INC.

381, 652078/11.

137 A.D.3d 533 (2016)

27 N.Y.S.3d 521

2016 NY Slip Op 01760

UNDERHILL HOLDINGS, LLC, Appellant, v. TRAVELSUITE, INC., et al., Defendants, and SCOTT ZIEGLER, Respondent.

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

Decided March 15, 2016.


The motion court correctly granted summary judgment dismissing the breach of contract claim against the V1 defendants on the ground that they were not parties to the subject agreement and, by virtue of its merger clause, could not be shown by extrinsic evidence consisting of drafts of the agreement, negotiations and certain communications to have been the intended obligors. We reject the contention that the V1 defendants, as strangers to the agreement, cannot invoke the ...

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