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KHIYAYEV v. MIKESAD ENTERS, INC.

2009-02230.

66 A.D.3d 845 (2009)

886 N.Y.S.2d 610

2009 NY Slip Op 7596

YURY KHIYAYEV, Appellant, v. MIKESAD ENTERPRISES, INC., et al., Respondents.

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

Decided October 20, 2009.

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

"A party seeking dismissal on the ground that its defense is founded on documentary evidence under CPLR 3211 (a) (1) has the burden of submitting documentary evidence that `resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff's claim'" (Sullivan v State of New York, 34 A.D.3d 443

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