SMYTH CONSTR. CORP. v. BROOKS


75 Misc.2d 358 (1973)

Bernard Smyth Construction Corp., Plaintiff, v. Mary P. Brooks, Defendant.

Supreme Court, Special Term, Suffolk County.

August 6, 1973


Attorney(s) appearing for the Case

J. Edgar Swanin for defendant. Julius J. Scavuzzo for plaintiff.


LEON D. LAZER, J.

In this action to rescind a contract for the purchase of a parcel of land, the return of the down payment made under it and for damages, defendant moves to dismiss the complaint, asserting plaintiff's failure to state a cause of action, and the defense of documentary evidence (CPLR 3211, subd. [a], pars. 1, 7).

The dispute centers on a clause in the contract which provides that:

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