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HAXN HAUS OF NEW YORK, INC. v. A&M REALTY CO.

233 A.D.2d 842 (1996)

649 N.Y.S.2d 628

Haxn Haus of New York, Inc., Appellant, v. A&M Realty Company, Defendant, and Alex Schmidt et al., Respondents

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

November 8, 1996

Order unanimously reversed on the law without costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting the motion of defendants Alex Schmidt and Mark Schmidt to dismiss the complaint against them on the ground that they have a defense founded upon documentary evidence (see, CPLR 3211 [a] [1]). On their motion to dismiss, the Schmidts submitted the lease entered into by plaintiff and defendant A&M Realty Company...

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