A defendant seller moves to dismiss the plaintiff purchaser’s complaint pursuant to CPLR 3211(a)(1) and (a)(7). The court granted the defendant’s motion to dismiss based on documentary evidence.

In November 2017, the defendant agreed to sell its lot which contained a commercial building to the plaintiff. Between March 2018 and February 2020, the parties agreed to three contract amendments providing for “closing extensions, additional deposits and adjournment payments.”