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EUROPEAN AMERICAN BANK v. MILLER

265 A.D.2d 374 (1999)

697 N.Y.S.2d 82

EUROPEAN AMERICAN BANK, Appellant, v. ROBERT J. MILLER, Respondent.

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

Decided October 12, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court erred when it granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (1). The documentary evidence submitted by the defendant did not contradict the complaint's factual claims (see, Smuckler v Mercy Coll., 244 A.D.2d 329) or resolve all factual issues as a matter of...

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