Ordered that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly granted that branch of the defendants' motion which was to dismiss the complaint for failure to state a cause of action. Bare legal conclusions and factual allegations which are contradicted by the record are not presumed to be true on a motion made pursuant to CPLR 3211 (a) (7). Further, where evidentiary material is offered, the Supreme Court must determine whether...
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