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BAYSTONE EQUITIES, INC. v. GEREL CORPORATION

305 A.D.2d 260 (2003)

759 N.Y.S.2d 78

BAYSTONE EQUITIES, INC., Appellant, v. GEREL CORPORATION et al., Respondents.

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

Decided May 20, 2003.

While plaintiff's allegations in this action for, inter alia, specific performance of contracts for the sale of real property are, broadly construed, sufficient to withstand dismissal pursuant to CPLR 3211 (a) (7), they are nonetheless conclusively refuted by the documentary evidence and, accordingly, dismissal of the complaint was warranted pursuant to CPLR 3211 (a) (1) (see Igarashi v Higashi, 289 A.D.2d 128 [2001]). Plaintiff...

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