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ERICH FUCHS ENTERPRISES v. AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC.

110140/10.

95 A.D.3d 558 (2012)

943 N.Y.S.2d 748

2012 NY Slip Op 3716

ERICH FUCHS ENTERPRISES et al., Appellants, v. AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC. et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 10, 2012.

The court properly granted defendants' motion to dismiss the complaint. The documentary evidence submitted in support of the motion "resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff[s'] claim" (Fortis Fin. Servs. v Fimat Futures USA, 290 A.D.2d 383, 383 [2002] [internal quotation marks omitted]). "The court was not required to accept at face value every conclusory, patently unsupportable...

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