This is a motion to dismiss, bottomed on legal insufficiency and that the court has no jurisdiction in the premises. In determining whether a complaint is legally sufficient, the pleading alone may be considered; affidavits are not permitted (King v. Krischer Mfg. Co., 220 App. Div. 584; Purdy v. McGarity, 262 App. Div. 623). Similarly, the court may not consider facts necessarily brought before it by affidavit based on...
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