Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Paul Sklar pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against him is denied.
A motion pursuant to CPLR 3211 (a) (1) to dismiss based on documentary evidence may be appropriately granted "only where the documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law" (Goshen...
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