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GUIDANCE ENHANCED GREEN TERRAIN, LLC v. BANK OF AMERICA MERRILL LYNCH

152723/14, 2104.

146 A.D.3d 431 (2017)

2017 NY Slip Op 00068

45 N.Y.S.3d 392

GUIDANCE ENHANCED GREEN TERRAIN, LLC, Appellant, v. BANK OF AMERICA MERRILL LYNCH, Also Known as MERRILL LYNCH, et al., Defendants, and BANC OF AMERICA CREDIT PRODUCTS, INC., Respondent.

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

Decided January 5, 2017.

The motion court erred in dismissing the first cause of action for breach and repudiation of contract based on documentary evidence (see CPLR 3211 [a] [1]). Defendants failed to establish that the terms of the assignment of claim agreement between plaintiff and defendant Banc of America Credit Products, Inc. (BACP), dated April 8, 2013, conclusively defeats that cause of action as a matter of law (see Leon v Martinez, 84 N.Y.2d 83

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