Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the contention of the defendant Richard Tanenbaum, the documentary evidence that he submitted in support of his motion did not conclusively refute the plaintiff's allegations of legal malpractice against him so as to warrant dismissal of the action pursuant to CPLR 3211 (a) (1) insofar as asserted against him. Rather, those documents suggested that at least some of the funds at issue...
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