Sky Top Farms, Inc. v. Bilinski Sausage Mfg. Co.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered on or about June 15, 2009, which granted defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (1), unanimously affirmed, without costs.

Dismissal of the complaint based upon the documentary evidence was appropriate, where the termination clause of the parties’ contract allowed defendant to terminate the contract due to plaintiffs failure to purchase meat products from it for four consecutive time periods (see e.g. Daeun Corp. v A&L 444 LLC, 62 AD3d 479 [2009]), and plaintiffs claims that defendant acted in…