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SCHULHOF v. JACOBS

157797/13, 5561, 595402/14, 5560.

157 A.D.3d 647 (2018)

70 N.Y.S.3d 462

2018 NY Slip Op 00528

MICHAEL P. SCHULHOF, as Executor of the Estate of HANNELORE B. SCHULHOF, Deceased, Appellant, v. LISA JACOBS, Individually and Doing Business as LISA JACOBS FINE ART, Respondent. (And a Third-Party Action.)

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

Decided January 30, 2018.

CPLR 4519 does not preclude, on summary judgment, defendant's testimony about her conversations with decedent Hannelore Schulhof (see Phillips v Kantor & Co., 31 N.Y.2d 307 [1972]). However, the parol evidence rule, coupled with the October 25, 2011 written agreement between the parties, bars defendant's testimony that she reached an oral agreement with decedent that precedes and varies...

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