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KMK SAFETY CONSULTING, LLC v. JEFFREY M. BROWN ASSOCIATES, INC.

2009-07164

72 A.D.3d 650 (2010)

897 N.Y.S.2d 649

KMK SAFETY CONSULTING, LLC, Appellant, v. JEFFREY M. BROWN ASSOCIATES, INC., et al., Respondents.

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

Decided April 6, 2010.

Ordered that the order is affirmed, with costs.

On a motion pursuant to CPLR 3211 to dismiss a pleading, the factual allegations contained therein will be presumed to be true and will be construed in the light most favorable to the opponent of the motion (see Leon v Martinez, 84 N.Y.2d 83, 87-88 [1994]). Moreover, where the motion to dismiss is founded upon documentary evidence under CPLR 3211 (a) (1), the movant will...

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