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BORN TO BUILD LLC v. 1141 REALTY LLC

9693, 108128/11.

105 A.D.3d 425 (2013)

963 N.Y.S.2d 29

2013 NY Slip Op 2193

BORN TO BUILD LLC, Respondent, v. 1141 REALTY LLC, Appellant, et al., Respondents.

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

Decided April 2, 2013.

Order, Supreme Court, New York County (Lucy Billings, J.), entered February 9, 2012, which, to the extent appealed from, denied respondent 1141 Realty LLC's cross motion to dismiss Born to Build's petition based on the documentary evidence, unanimously reversed, on the law, without costs, the cross motion granted, and the petition dismissed. The Clerk is directed to enter judgment accordingly. [Prior Case History: 2012 NY Slip Op 30324(U).]

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