The State of New York moves to dismiss the above-entitled claim pursuant to CPLR 3211 (subd. [a], pars. 1, 7, 8), upon the grounds that a defense is founded upon documentary evidence, that the pleadings fail to state a cause of action, and that the court has no jurisdiction of the person of the defendant.
That part of the motion based on paragraphs 1 and 8 is denied as not timely made. Although the State does not need...
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