May 22, 2007

The parol evidence rule precludes extrinsic evidence to contradict or change the terms of a written contract which embodies the agreement between the parties. It is admissible only to clarify ambiguities or to show that it was not the parties' intention to enter into an enforceable contract, or so said the First Department, in Cole v. Macklowe, which was decided on May 17, 2007. The court noted that parol evidence may be admitted to show that the entire writing is a nullity, but not that select provisions of the writing were not to be enforced.