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PRUDENTIAL WYKAGYL/RITTENBERG REALTY v. CALABRIA-MAHER

1 A.D.3d 422 (2003)

766 N.Y.S.2d 885

PRUDENTIAL WYKAGYL/RITTENBERG REALTY, Appellant, v. VALERIA CALABRIA-MAHER et al., Respondents.

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

November 10, 2003.

Ordered that the order is affirmed, with costs.

To succeed on a motion to dismiss pursuant to CPLR 3211 (a) (1), the documentary evidence which 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 plaintiff's claim (see Trade Source v Westchester Wood Works, 290 A.D.2d 437 [2002]). Here, the documentary evidence submitted by both parties flatly...

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