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ROSNER v. SAM DAIRY, INC.

209 A.D.2d 502 (1994)

619 N.Y.S.2d 609

Martin Rosner, Respondent, v. Sam Dairy, Inc., et al., Defendants, and Peter B. Reiss, Appellant

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

November 14, 1994

Ordered that the order is affirmed insofar as appealed from, with costs.

We find that the Supreme Court properly denied the appellant's motion pursuant to CPLR 3211 (a) (1) because the documentary evidence that was submitted by the appellant does not conclusively dispose of the plaintiff's claim against him (see, Mest Mgt. Corp. v Double M Mgt. Co., 199 A.D.2d 479, 480; Sammarco Garden Ctr. v Sammarco,

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