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CITY LINE RENT A CAR, INC. v. ALFESS REALTY, LLC

33 A.D.3d 835 (2006)

823 N.Y.S.2d 214

CITY LINE RENT A CAR, INC., et al., Appellants, v. ALFESS REALTY, LLC, Respondent.

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

Decided October 24, 2006.

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

"Under CPLR 3211 (a) (1), a dismissal is warranted only if the documentary evidence submitted conclusively establishes a defense to the asserted claims as a matter of law" (Leon v Martinez, 84 N.Y.2d 83, 88 [1994]). "[O]n a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine whether, accepting as true the factual averments of the...

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