Order reversed, without costs; motion granted; and complaint dismissed, without costs.
Since a copy of the written agreement sued upon was annexed to the complaint, it is to the agreement and not to the construction placed thereon by the pleader that the court must turn in determining whether facts have been stated sufficient to constitute a cause of action (Dorn v. Dorn, 282 App. Div. 597, 598). Similarly, while upon a motion to dismiss for insufficiency under...
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