Communications Fund, Inc. v. Wiry, Inc.

Order, Supreme Court, New York County, affirmed. Respondent shall recover of appellant $50 costs and disbursements of this appeal. In this action for specific performance of the warrants to purchase 17% shares of defendant’s stock or, alternatively, damages, defendant moved to dismiss on the ground of a defense founded on documentary evidence (CPLR 3211, subd. [a], par. 1). Essentially, defendant claims plaintiff was late by three days in its attempt to exercise the option September 14, 1971. The warrants were issued as part of an underlying $60,000 loan from plaintiff to defendant. The…