Bernard Smyth Construction Corp. v. Brooks

In this action to rescind a contract for the purchase of a parcel of land, the return of the down payment made under it and for damages, defendant moves to dismiss the complaint, asserting plaintiff’s failure to state a cause of *359action, and the defense of documentary evidence (CPLR, 3211, subd. [a], pars. 1, 7).

The dispute centers on a clause in the contract which provides that:

“ 6. Said premises are sold and are to be conveyed subject to:

“ a. Zoning regulations and ordinances of the city, town or village in which the premises lie and all amendments thereto provided they do not prevent the…