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NEW YORK COMMUNITY BANK v. SNUG HARBOR SQUARE VENTURE

299 A.D.2d 329 (2002)

749 N.Y.S.2d 170

NEW YORK COMMUNITY BANK, Appellant, v. SNUG HARBOR SQUARE VENTURE, Respondent.

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

Decided November 4, 2002.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Suffolk County, for the entry of a judgment declaring that the plaintiff did not effectively exercise its option to renew its lease.

The Supreme Court properly granted the defendant's motion to dismiss the complaint pursuant to CPLR 3211 (a) (1). To succeed on a motion to dismiss pursuant to CPLR 3211 (a) (1), the documentary evidence that forms the basis of the defense...

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