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RUBY FALLS, INC. v. RUBY FALLS PARTNERS, LLC

39 A.D.3d 619 (2007)

834 N.Y.S.2d 258

RUBY FALLS, INC., Appellant, v. RUBY FALLS PARTNERS, LLC, Respondent.

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

Decided April 10, 2007.

Ordered that the order is reversed, on the law, with costs, and that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) is denied.

"A motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint on the ground that the action is barred by documentary evidence may be granted only where the documentary evidence utterly refutes the plaintiff's factual allegations, thereby conclusively establishing a defense as a matter of...

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