Madison Equities, LLC v. Serbian Orthodox Cathedral of St. Sava

Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about December 17, 2015, which granted defendant’s motion to dismiss the amended complaint pursuant to CPLR 3211 (a) (1), unanimously affirmed, without costs.

“[W]here a written agreement . . . unambiguously contradicts the allegations supporting a litigant’s cause of action for breach of contract, the contract itself constitutes documentary evidence warranting the dismissal of the complaint pursuant to CPLR 3211 (a) (1)” (150 Broadway N.Y. Assoc., L.R v Bodner, 14 AD3d 1, 5 [1st Dept 2004]). Here, plaintiff contends…