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GALVAN v. 9519 THIRD AVENUE RESTAURANT CORP.

2009-04480.

74 A.D.3d 743 (2010)

901 N.Y.S.2d 529

JOHNNY GALVAN, Plaintiff, v. 9519 THIRD AVENUE RESTAURANT CORP. et al., Defendants, and THERESA ROCANELLI et al., Defendants/Third-Party Plaintiffs-Respondents. GREATER NEW YORK MUTUAL INSURANCE COMPANY, Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

Decided June 1, 2010.

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

The Supreme Court properly denied that branch of the motion of the third-party defendant (hereinafter GNY), which was pursuant to CPLR 3211(a)(1) to dismiss the third-party complaint. "A party seeking to dismiss pursuant to CPLR 3211 (a)(1) on the ground that its defense is based on documentary evidence must submit documentary evidence that resolves all factual issues as a matter of law and conclusively...

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