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TECTRADE INTERNATIONAL LTD. v. FERTILIZER DEVELOPMENT AND INVESTMENT, B.V.

258 A.D.2d 349 (1999)

685 N.Y.S.2d 235

TECTRADE INTERNATIONAL LTD. et al., Appellants, v. FERTILIZER DEVELOPMENT AND INVESTMENT, B.V., et al., Respondents.

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

Decided February 18, 1999.

Plaintiffs' recasting of their previously dismissed breach of contract claim into a breach of an oral joint venture agreement was properly rejected by the motion court as an improper attempt to rewrite the parties' existing agreements in the face of substantial contradictory documentary evidence. The provisions of the parties' contract "prevail over [the] conclusory allegations of the complaint" (805 Third Ave. Co. v M. W. Realty Assocs., 58 N.Y.2d...

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