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MONTEFIORE v. SOJA

292 A.D.2d 241 (2002)

738 N.Y.S.2d 839

APRIL MONTEFIORE, Appellant, v. THOMAS SOJA et al., Respondents, et al., Defendants.

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

Decided March 19, 2002.

Dismissal of the complaint for, inter alia, fraud as against defendant Soja was proper, since plaintiff's material allegations against Soja, even if facially sufficient, were flatly contradicted by the documentary evidence submitted by plaintiff as exhibits to the complaint (see, Biondi v Beekman Hill House Apt. Corp., 257 A.D.2d 76, 81, affd 94 N.Y.2d 659). In addition, inasmuch as plaintiff...

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