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SNYDER v. MARTINI & MOORE

52 A.D.3d 811 (2008)

860 N.Y.S.2d 622

TERENCE J. SNYDER et al., Appellants, v. VORIS, MARTINI & MOORE, LLC, Respondent.

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

Decided June 24, 2008.

Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment declaring that the subject easement constitutes an encumbrance on the plaintiff's property.

To succeed on a motion pursuant to CPLR 3211 (a) (1), the documentary evidence must conclusively establish a defense as a matter of law (see Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314

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