Walton Management, LLC v. Walton Apartments, LLC

Order, Supreme Court, Bronx County (George Friedman, J.), entered June 13, 2001, which, in an action for specific performance of a contract in which plaintiffs agreed to buy and defendant agreed to sell two multifamily residential buildings, inter alia, denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, with costs.

The documentary evidence does not “utterly refute” plaintiffs’ allegations and conclusively establish defendant’s claim that plaintiffs canceled the contract (see Goshen v Mutual Life Ins. Co., 98 NY2d 314, 326). It is…