Baystone Equities, Inc. v. Gerel Corp.

Order, Supreme Court, New York County (Martin Schoenfeld, J.), entered January 10, 2002, which granted defendants’ motion to dismiss the complaint, pursuant to CPLR 3211 (a) (1), on the ground of a defense supported by documentary evidence, unanimously affirmed, with costs.

While plaintiffs allegations in this action for, inter alia, specific performance of contracts for the sale of real property are, broadly construed, sufficient to withstand dismissal pursuant to CPLR 3211 (a) (7), they are nonetheless conclusively refuted by the documentary evidence and, accordingly, dismissal of the…