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MANFRO v. McGIVNEY

11 A.D.3d 662 (2004)

783 N.Y.S.2d 288

MAUREEN MANFRO, Appellant, v MARY ANN McGIVNEY, et al., Respondents.

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

October 25, 2004.

Ordered that the order is affirmed, with one bill of costs.

To succeed on a motion to dismiss pursuant to CPLR 3211 (a) (1), the documentary evidence that 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 Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]; Roth v Goldman, 254 A.D.2d 405

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