The motion court properly granted defendant insurers' motion to dismiss pursuant to CPLR 3211 (a) (1) since the documentary evidence submitted in support of the motion "resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff[s'] claim" (Fortis Fin. Servs. v Fimat Futures USA,
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WEST 64TH STREET, LLC v. AXIS U.S. INSURANCE
63 A.D.3d 471 (2009)
882 N.Y.S.2d 22
WEST 64TH STREET, LLC, et al., Appellants, v. AXIS U.S. INSURANCE et al., Respondents, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided June 9, 2009.
Decided June 9, 2009.
Appellate Division of the Supreme Court of New York, First Department.
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