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HSBC BANK USA, N.A. v. DECAUDIN

49 A.D.3d 694 (2008)

854 N.Y.S.2d 184

HSBC BANK USA, N.A., Respondent, v. BRUNO DECAUDIN et al., Defendants, and NAIDA I. VELAZQUEZ, Appellant.

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

Decided March 18, 2008.

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

A motion to dismiss pursuant to CPLR 3211 (a) (1) may be granted only where "the documentary evidence that forms the basis of the defense [is] such that it resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff's claims" (Saxony Ice Co., Div. of Springfield Ice Co., Inc. v Ultimate Energy Rest. Corp., 27 A.D.3d 445

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