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104 EAST 30TH STREET LLC v. MUNSHI BISHAN SINGH KOCHHAR FOUNDATION, INC.

104, 2054, 151167/15.

143 A.D.3d 644 (2016)

2016 NY Slip Op 07086

39 N.Y.S.3d 775

104 EAST 30TH STREET LLC, Respondent, v. MUNSHI BISHAN SINGH KOCHHAR FOUNDATION, INC., Appellant.

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

Decided October 27, 2016.

The complaint states a cause of action for breach of a contract for the sale of real property, and no documentary evidence in the record directly refutes its allegations (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]; Stuart Lipsky, P.C. v Price, 215 A.D.2d 102 [1st Dept 1995]). The apparent inconsistency of certain sections of the contract presents an ambiguity; it does not foreclose...

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