138-140 West 32nd Street Associates LLC v. 138-140 West 32nd Street Associates

Order, Supreme Court, New York County (Paul Wooten, J.), entered April 25, 2014, which, to the extent appealed from, granted defendant’s motion to dismiss the causes of action for specific performance and a declaratory judgment and cancel the notice of pendency, unanimously reversed, on the law, without costs, and the motion denied.

Defendants moved to dismiss on the ground of a defense founded upon documentary evidence (CPLR 3211 [a] [1]). They submitted the 1981 deed indicating that defendants Joseph Simhon and David Simhon purchased, in their individual capacities, one of the properties…