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PEPPE v. ALL TAXI MANAGEMENT, INC.

270 A.D.2d 161 (2000)

706 N.Y.S.2d 314

HOLLY PEPPE, Respondent, v. ALL TAXI MANAGEMENT, INC., et al., Appellants.

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

Decided March 23, 2000.

Defendants' cross motion to dismiss pursuant to CPLR 3211 (a) (1) and (7) was properly denied. The documentary evidence submitted by defendants to support their assertion that they were not the title owners of the taxicab in which plaintiff was injured is sufficiently contradicted by plaintiff's evidence to the contrary (see, Leon v Martinez, 84 N.Y.2d 83, 87-88), and plaintiff's complaint...

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