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FORTIS FINANCIAL SERVICES, LLC v. FIMAT FUTURES USA, INC.

290 A.D.2d 383 (2002)

737 N.Y.S.2d 40

FORTIS FINANCIAL SERVICES, LLC, as Successor in Interest to GENERALE BANK, Formerly Known as SOCIETE GENERALE DE BANQUE S.A.-GENERALE BANKMAATSCHAPPIJ, N.V., Appellant, v. FIMAT FUTURES USA, INC., Also Known as FIMAT USA, INC., Respondent.

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

Decided January 31, 2002.

On a motion to dismiss pursuant to CPLR 3211 (a) (1), the defendant has the burden of showing that the relied-upon documentary evidence "resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff's claim" (Scadura v Robillard, 256 A.D.2d 567, 567). The contractual provision relied upon by defendant fails to establish as a matter of law that defendant, as subtenant, had no contractual liability for...

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