Defendant's motion to dismiss was properly denied. The documentary evidence relied upon by defendant, an unverified copy of a wire transfer confirmation of payment made, without information as to what the payment was for or the nature of the relationship of the parties to the transaction, does not conclusively establish a defense based on documentary evidence to plaintiff's claims as a matter of law (see, Ladenburg Thalmann & Co. v Tim's Amusements,
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MERCHANTS T & F, INC. v. KASE & DRUKER
288 A.D.2d 153 (2001)
734 N.Y.S.2d 840
MERCHANTS T & F, INC., Respondent, v. KASE & DRUKER, Appellant, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
Decided November 29, 2001.
Decided November 29, 2001.
Appellate Division of the Supreme Court of the State of New York, First Department.
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