Midland Container Corp. v. Sophia Realty Corp.

In an action, inter alia, for specific performance of an option to purchase real property, the defendants appeal from an order of the Supreme Court, Queens County, dated August 16, 1978, which denied their motion, inter alia, to dismiss the complaint based upon documentary evidence (see CPLR 3211, subd [a], par 1). Order reversed, on the law, with $50 costs and disbursements, and defendants’ motion to dismiss complaint granted. On December 13, 1972 the plaintiff entered into a 12-year commercial lease with defendant Sophia Realty Corporation. The lease provided, inter alia, that after January…