Ordered that the order is reversed, on the law, with costs, the branch of the motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) is granted, the balance of the motion is denied as academic, and the complaint is dismissed.
To succeed on a motion to dismiss pursuant to CPLR 3211 (a) (1), the documentary evidence that forms the basis of the defense must be such that it resolves all factual issues as a matter of law, and conclusively disposes of the...
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