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REEC W. 11TH ST. LLC v. 246 W. 11TH ST. REALTY CORP.

6960, 651014/17.

162 A.D.3d 472 (2018)

75 N.Y.S.3d 32

2018 NY Slip Op 04117

REEC West 11th Street LLC, Appellant, v. 246 West 11th St. Realty Corp., Respondent, et al., Defendants.

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

Decided June 7, 2018.

The documentary evidence establishes a defense to plaintiff's claims as a matter of law (see Leon v Martinez, 84 N.Y.2d 83, 88 [1994]; CPLR 3211 [a] [1]). The complaint alleges that plaintiff worked diligently and in good faith to close title to the property that was the subject of the parties' contract of sale and that defendant breached the contract and the covenant of good faith and fair dealing by its unreasonable conduct. These...

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