Ordered that the order is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly considered the evidentiary material which the defendant submitted in support of its motion to dismiss the complaint pursuant to CPLR 3211 (a) (7). It is well settled that evidentiary material may be considered on a CPLR 3211 (a) (7) motion to assess the viability of a complaint, and where such evidence demonstrates that a material fact alleged by the...
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