We agree with the IAS Court that dismissal of the complaint would be premature prior to the completion of discovery and precluded by triable material issues of fact raised by the conflicting affidavits as to whether plaintiff had either waived or was estopped from termination of the parties' management agreement on the grounds that defendant's comptroller had accepted an improper "kickback" payment in violation of Article XII (a) (iii) of the agreement (Unionport Shoes...
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