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NANTO MK CORP. v. J & E REALTY

NO. 650433/15, 3240

147 A.D.3d 695 (2017)

47 N.Y.S.3d 706

2017 NY Slip Op 01506

NANTO MK CORP., Respondent, v. J & E REALTY et al., Appellants.

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

Decided February 28, 2017.

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered December 11, 2015, which denied defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

The documentary evidence conclusively establishes a defense to plaintiff's claim for specific performance...

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