IGARASHI v. HIGASHI


289 A.D.2d 128 (2001)

735 N.Y.S.2d 33

YOSHIHARU IGARASHI, Appellant, v. SHOHAKU HIGASHI, Respondent, et al., Defendants.

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

Decided December 18, 2001.


In view of the documentary evidence, to wit, deeds signed by plaintiff Igarashi at the closings of the four properties in question indicating that both Igarashi and defendant Higashi are owners of the properties, dismissal of the first four causes of action, which essentially claimed that plaintiff was the sole owner of the property, was appropriate. While pleadings should be liberally construed on a motion to dismiss, claims "flatly contradicted by documentary evidence"...

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