American Curtainwall, Inc. v. NTD Construction Corp.

*598Order, Supreme Court, New York County (Bernard J. Fried, J.), entered on or about March 10, 2010, which, inter alia, granted defendants NTD Construction Corp.’s and MUS23, LLC’s motion to dismiss the second and third causes of action as against them, unanimously affirmed, with costs.'

The documentary evidence annexed to the complaint contradicts the allegations in the complaint underlying the second cause of action, which alleges breach of contract (see Wilson v Hochberg, 245 AD2d 116 [1997]). Defendant NTD was justified in terminating its contracts with plaintiff based on plaintiffs failure…