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ZANETT LOMBARDIER, LTD. v. MASLOW

29 A.D.3d 495 (2006)

815 N.Y.S.2d 547

ZANETT LOMBARDIER, LTD., et al., Appellants, v. MARVIN MASLOW et al., Respondents.

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

May 30, 2006.

In this action alleging fraud, constructive fraud, misrepresentation and breach of fiduciary duty in connection with an investment loss, the court was not required to accept factual allegations that are contradicted by documentary evidence, or legal conclusions that are unsupportable in the face of undisputed facts (Robinson v Robinson, 303 A.D.2d 234, 235 [2003]). Dismissal is warranted under CPLR 3211 (a) (1) where documentary...

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