Appellate Division of the Supreme Court of New York, 1976

Suburban Broadcasting Corp. v. RCA Corp.

Suburban Broadcasting Corp. v. RCA Corp.
Appellate Division of the Supreme Court of New York · Decided February 17, 1976
51 A.D.2d 785; 379 N.Y.S.2d 486; 1976 N.Y. App. Div. LEXIS 11351
Suburban Broadcasting Corp. v. RCA Corp.

Opinion of the Court

In an action to recover damages for breach of contract and negligence, plaintiff appeals from an order of the *786Supreme Court, Nassau County, dated January 8, 1975 and entered in Suffolk County on January 20, 1975, which granted respondent’s motion, made pursuant to CPLR 3211 (subd [a], par 1), to dismiss the complaint. Order affirmed, with $50 costs and disbursements. The documentary evidence was a complete defense to the several causes of action in the complaint. Accordingly, the complaint was properly dismissed. Hopkins, Acting P. J., Martuscello, Damiani, Christ and Hawkins, JJ., concur.

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