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MARTIN v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS

34 A.D.3d 650 (2006)

826 N.Y.S.2d 85

ROBERTA MARTIN, Respondent, v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, Appellant.

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

Decided November 21, 2006.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly denied that branch of the defendant's motion which was to dismiss the complaint on the ground that a defense is founded upon documentary evidence (see CPLR 3211 [a] [1]). "`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...

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