Affirmed. Respondent shall recover of appellant $50 costs and disbursements of this appeal.
In this action for specific performance of the warrants to purchase 17½ shares of defendant's stock or, alternatively, damages, defendant moved to dismiss on the ground of a defense founded on documentary evidence (CPLR 3211, subd. [a], par. 1). Essentially, defendant claims plaintiff was late by three days in its attempt to exercise the option September 14, 1971. The...
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