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SHERIDAN v. TOWN OF ORANGETOWN

21 A.D.3d 365 (2005)

799 N.Y.S.2d 575

TIMOTHY SHERIDAN, Appellant, v. TOWN OF ORANGETOWN, Respondent.

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

August 1, 2005.

Ordered that the order is affirmed insofar as appealed from, with 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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