Ordered that the order is affirmed, with costs.
The defendants moved to dismiss the complaint pursuant to CPLR 3211 (a) (1), contending that documentary evidence established the plaintiff's failure to comply with certain notice and payment provisions of the parties' stipulation of settlement. The items submitted to the Supreme Court by the defendants in support of their motion do not constitute "documentary evidence" within the meaning of CPLR 3211 (a) (1) (see...
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