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LARUCCIA v. FORCHELLI

295 A.D.2d 321 (2002)

744 N.Y.S.2d 335

SANTA LARUCCIA et al., Appellants, v. FORCHELLI, CURTO, SCHWARTZ, MINEO, CARLINO & COHN, LLP, et al., Respondents.

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

Decided June 3, 2002.

Ordered that the order is affirmed, with costs.

The Supreme Court properly dismissed the complaint based upon documentary evidence that conclusively established a defense to the action (see CPLR 3211 [a] [1]; Leon v Martinez, 84 N.Y.2d 83). The defendants submitted a settlement agreement, signed by the plaintiffs, which flatly contradicted the fact on which the claim of...

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