The defendant rented certain premises from the plaintiff by a written lease executed February 26, 1900, for "the term of one year
In the counterclaim it is alleged that prior to the execution of the lease, and as an inducement to the letting, the plaintiff stated to-the defendant that she would put the buildings upon the premises in thorough order and repair so that the same would be tenantable, and further that she would give the defendant the right at any time to sublet the small house; that the defendant - took possession relying upon such representations; that the promises were never fulfilled, and that the defendant suffered damage thereby.
That the defendant’s evidence was properly rejected was held by this court in the case of Van Derhoef v. Hartmann (63 App. Div. 419) notwithstanding the fact that in that ease the oral agreement Was for repairs to be completed before the term commenced. The answer alleged that the oral agreement was a part and parcel of the hiring, and it was accordingly held that it was not an independent and collateral engagement. In this case the agreement was not only a part of the hiring, but is in conflict with the written provisions of the lease. The agreement, if made, was merged in the written document, and the latter being complete and covering the subjects of the alleged oral promises cannot be contradicted or varied by the latter. The case is not presented of an oral agreement by which, it was arranged that the written lease was not to take effect until certain conditions were performed. The case is governed by the well-established rule of law as stated by Rapallo, J., in Wilson v. Deen (74 N. Y. 531, 534), “ that a written contract merges all prior and contemporaneous negotiations and oral prom
To the same effect are Hartford & N. Y. Steamboat Co. v. Mayor (78 N. Y. 1); Ely v. Fahy (79 Hun, 65), and Hall v. Beston (26 App. Div. 105).
The judgment should be affirmed.
All concurred.
Judgment of the County Court of Nassau county affirmed, with costs.