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Appellate Division, Second Department: December 1, 2023

Handdown List released on: November 29, 2023

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By Duffy, J.P.; Chambers, Wooten, Dowling, JJ.

FIRST KOREAN CHURCH OF NEW YORK, app, v. 35 AVE & PARSONS, LLC, res, ET AL., def — (Index No. 713585/20) Pick & Zabicki LLP, New York, NY (Douglas J. Pick of counsel), for appellant. Landy Wolf PLLC, New York, NY (David A. Wolf of counsel), for respondent. In an action, inter alia, to recover damages for breach of contract and for specific performance of a contract for the sale of real property, the plaintiff appeals from an order of the Supreme Court, Queens County (Leonard Livote, J.), entered March 2, 2021. The order granted the motion of the defendant 35 Ave & Parsons, LLC, pursuant to CPLR 3211(a) to dismiss the complaint insofar as asserted against it. ORDERED that the order is affirmed, with costs. In August 2020, the plaintiff, a religious corporation, commenced this action against, among others, the defendant 35 Ave & Parsons, LLC (hereinafter the defendant), seeking, inter alia, damages for breach of contract and for specific performance of a purchase and sale agreement (hereinafter the agreement) that it had entered into with the defendant’s predecessor in interest for two parcels of land in Flushing owned by the plaintiff (hereinafter the property). The defendant moved pursuant to CPLR 3211(a)(1) and (7) to dismiss the complaint insofar as asserted against it and submitted, among other things, the agreement as documentary evidence. In an order entered March 2, 2021, the Supreme Court granted the defendant’s motion. The plaintiff appeals. We affirm.

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