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MADISON EQUITIES, LLC v. SERBIAN ORTHODOX CATHEDRAL OF ST. SAVA

2116, 162041/14.

144 A.D.3d 431 (2016)

2016 NY Slip Op 07144

39 N.Y.S.3d 779

MADISON EQUITIES, LLC, Appellant, v. SERBIAN ORTHODOX CATHEDRAL OF ST. SAVA, Respondent.

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

Decided November 1, 2016.

"[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.P. v Bodner, 14 A.D.3d 1, 5 [1st Dept 2004]). Here, plaintiff contends that, in paragraph 8 of the parties' letter of intent, defendant represented...

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