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IMO INDUSTRIES INC. v. ANDERSON

267 A.D.2d 10 (1999)

699 N.Y.S.2d 43

IMO INDUSTRIES INC., Appellant, v. ANDERSON KILL & OLICK, P. C., et al., Respondents.

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

Decided December 2, 1999.

As the proponent of a dismissal motion pursuant to CPLR 3211 (a) (1), the Anderson firm was required to provide documentary evidence which "conclusively establishe[d] a defense to the asserted claims as a matter of law" (Leon v Martinez, 84 N.Y.2d 83, 88), which it failed to do. Plaintiff alleged that the firm committed malpractice by filing a November 1994 Stipulation, paragraph 18 of which stated: "[IMO] agreed that International...

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