Madison Equities, LLC v. Serbian Orthodox Cathedral of St. Sava
Cases that cite this one
7 later published cases cite this decision.
- Mahmood v. County of Suffolk (Appellate Division of the Supreme Court of New York 2018)
- Wilson v. Poughkeepsie City School District (Appellate Division of the Supreme Court of New York 2017)
- 7 Mansion, LLC v. Calvano (Appellate Division of the Supreme Court of New York 2024)
- Taxi Tours Inc. v. Go N.Y. Tours, Inc. (New York Supreme Court, New York County 2024)
- Hudson Ins. Co., Inc. v. City of New York (Appellate Division of the Supreme Court of New York 2019)
- Matter of Wismer v. Touro Coll. (Appellate Division of the Supreme Court of New York 2017)
- 413 Throop, LLC v. Triumph, the Church of the New Age (Appellate Division of the Supreme Court of New York 2017)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Order, Supreme Court, New York County (Eileen Bransten, J.), entered on or about December 17, 2015, which granted defendant’s motion to dismiss the amended complaint pursuant to CPLR 3211 (a) (1), unanimously affirmed, without costs.
“[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.R v Bodner, 14 AD3d 1, 5 [1st Dept 2004]). Here, plaintiff contends that, in paragraph 8 of the parties’ letter of intent, defendant represented and warranted that it had no agreement with Tenant-wise, Inc. concerning the calculation of the latter’s fees. However, paragraph 8 simply does not say what plaintiff claims it says, and thus, the court properly granted defendant’s motion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.