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  5. 149 A.D.2d 462 (1989)
 

HOLIDAY MGMT. ASSOCS. v. NEW YORK INST. OF TECH.

149 A.D.2d 462 (1989)

Holiday Management Associates, Appellant-Respondent, v. New York Institute of Technology et al., Respondents-Appellants

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

April 10, 1989

Ordered that the order is modified, on the law and the facts, by deleting therefrom the provision denying the motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and substituting therefor a provision granting the motion; as so modified the order is affirmed insofar as appealed from, with costs or disbursements.

The plaintiff, a partnership engaged in real estate development, as buyer, entered into a contract of...

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