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BRONXVILLE KNOLLS, INC. v. WEBSTER TOWN CTR. P'SHIP

221 A.D.2d 248 (1995)

634 N.Y.S.2d 62

Bronxville Knolls, Inc., et al., Appellants, v. Webster Town Center Partnership et al., Respondents

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

November 21, 1995

In order to prevail on a motion to dismiss based on documentary evidence pursuant to CPLR 3211 (a) (1), the documents relied upon must definitively dispose of plaintiff's claim (Juliano v McEntee, 150 A.D.2d 524, 525; Demas v 325 W. End Ave. Corp., 127 A.D.2d 476, 477). The IAS Court, in dismissing the complaint based upon documentary evidence, properly determined that the explicit and unambiguous...

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