Defendants Fitelson and Mayers move for an order dismissing the complaint upon the ground that: (1) it fails to state a cause of action pursuant to CPLR 3211 (subd. [a], par. 7); (2) it fails to state in detail the circumstances constituting the fraud alleged pursuant to CPLR 3016 (subd. [b]); (3) there is a defense based upon documentary evidence pursuant to CPLR 3211, subd. [a], par. 1). This...
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