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DEVLIN v. VIDEO SERVS. ACQUISITION

188 A.D.2d 370 (1992)

Sandra Devlin et al., Appellants, v. Video Services Acquisition et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

December 10, 1992

Dismissal on the basis of documents is inappropriate if the documents do not "definitively dispose of the claim" (Demas v 325 W. End Ave. Corp., 127 A.D.2d 476, 477). We agree with the IAS Court that issues of fact exist with respect to all of the counterclaims that cannot be resolved solely on the pleadings and proffered documents.

We have not considered plaintiffs' arguments based on UCC 2-206, or on a purported privilege...

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