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SONNENSCHEIN v. 1986-F&S OF N.Y., LTD.

Index No. 816525/21. Appeal No. 428. Case No. 2022-05552.

217 A.D.3d 487 (2023)

190 N.Y.S.3d 361

2023 NY Slip Op 03083

Mark Sonnenschein et al., Appellants, v. 1986-F&S of New York, Ltd., Respondent, et al., Defendant.

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

Decided June 8, 2023.

Attorney(s) appearing for the Case

Rosen Law LLC, Great Neck (Gary Rosen of counsel), for appellants.

Rosenberg & Estis, P.C., New York (Ethan R. Cohen of counsel), for respondent.

Concur—Webber, J.P., González, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Fidel E. Gomez, J.), entered June 9, 2022, which granted defendant 1986-F&S of New York, Ltd.'s motion to dismiss the complaint, unanimously affirmed, with costs.

1986-F&S was entitled to dismissal of the causes of action for both specific performance and breach of contract, the only two causes of action in the complaint, as the documentary evidence utterly refuted the allegations in those causes of action and established...

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