Liberty Affordable Housing, Inc. v. Maple Court Apartments

*87OPINION OF THE COURT

Whalen, J.

In Rovello v Orofino Realty Co. (40 NY2d 633, 636 [1976]), the Court of Appeals held that summary dismissal is appropriate under CPLR 3211 (a) (7) when the defendant’s evidentiary submissions “establish conclusively that plaintiff has no cause of action.” We now consider whether that holding remains viable in light of the Court’s recent decision in Miglino v Bally Total Fitness of Greater N.Y., Inc. (20 NY3d 342 [2013]).

I

The underlying facts are straightforward. In October 2006, plaintiff contracted to purchase from defendant an affordable-housing complex in the…