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MCAP ROBESON APTS. L.P. v. MUNIMAE TE BOND SUBSIDIARY, LLC

332, 652629/14.

136 A.D.3d 602 (2016)

26 N.Y.S.3d 52

2016 NY Slip Op 01414

MCAP ROBESON APARTMENTS LIMITED PARTNERSHIP et al., Appellants, v. MUNIMAE TE BOND SUBSIDIARY, LLC, et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 25, 2016.

Order, Supreme Court, New York County (Shirley Werner Kornreich, J.), entered May 5, 2015, which granted defendants' motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and 3211 (a) (7), unanimously affirmed, with costs.

The documentary evidence and the parties' unambiguous "commitment" agreement conclusively establish a defense to plaintiffs' claims (see Daeun Corp. v A&L 444 LLC, 62 A.D.3d 479 [1st Dept 2009...

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