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HARBOR VIEW AT PORT WASHINGTON HOME OWNERS ASSOCIATION, INC. v. AMSTERDAM HOUSE CONTINUING CARE RETIREMENT COMMUNITY, INC.

2010-04908.

79 A.D.3d 810 (2010)

912 N.Y.S.2d 441

HARBOR VIEW AT PORT WASHINGTON HOME OWNERS ASSOCIATION, INC., Appellant, v. AMSTERDAM HOUSE CONTINUING CARE RETIREMENT COMMUNITY, INC., Doing Business as AMSTERDAM AT HARBORSIDE, CCRC, et al., Respondents. NASSAU COUNTY INDUSTRIAL DEVELOPMENT AGENCY, Nonparty.

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

Decided December 14, 2010.

Ordered that the order is affirmed, with costs.

On a motion to dismiss a complaint pursuant to CPLR 3211 (a) (1), if the documentary evidence submitted by the defendant "utterly refutes [the] plaintiff's factual allegations" and conclusively establishes a defense to the asserted claims as a matter of law, the motion may be granted (Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314

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