Here, where the franchisor is seeking payments and liquidated damages under a franchising agreement and the franchisee and its guarantor assert counterclaims for, inter alia, fraudulent inducement and misrepresentation and breach of contract, the exception to the parol evidence rule for fraud claims is applicable, and there are genuine issues of material fact regarding whether the agreement is voidable and whether plaintiff materially breached it that preclude plaintiff's motion for summary judgment.
March 14, 2005 at 12:00 AM
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