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  5. 62 N.Y.2d 698 (1984)
 

VINNIK v. 795 FIFTH AVE. CORP.

62 N.Y.2d 698 (1984)

Daniel M. Vinnik et al., Respondents, v. 795 Fifth Avenue Corporation et al., Appellants.

Court of Appeals of the State of New York.

Decided May 3, 1984.

Attorney(s) appearing for the Case

Alvin K. Hellerstein, Eva L. Coben and Jed Ringel for appellants.

Louis A. Craco, Millard L. Midonick, David G. Trachtenberg and Gary J. Malone for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division and for the reasons stated by that court (94 A.D.2d 685) that the documents submitted by defendants on their motion to dismiss under CPLR 3211 (subd [a], pars 1, 7) are not sufficient, without more, to constitute a defense to the causes of action alleged in the complaint...

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