Ordered that the order is reversed, on the law, without costs or disbursements, the motion is denied, and the complaint is reinstated.
The Supreme Court erred in granting the defendants' motion to dismiss the complaint and for summary judgment on their counterclaims. To the extent that the motion was made 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,...
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