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AM. ENERGY PRODS. CORP. v. KEENE CORP.

72 A.D.2d 514 (1979)

American Energy Products Corp., et al., Respondents, v. Keene Corporation, Appellant

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

October 18, 1979

This is an action for specific performance or damages arising out of an alleged breach of contract for the sale of a manufacturing site and plant. A motion by plaintiffs for a preliminary injunction, as well as a cross motion by the defendant to dismiss the complaint pursuant to CPLR 3211 (subd [a], par 1) (defense founded upon documentary evidence) had been previously denied at Special Term. On this motion for summary judgment the defendant contends that in a preliminary...

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