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MARIST COLLEGE v. CHAZEN ENVIRONMENTAL SERVICES, INC.

2009-10854.

84 A.D.3d 1180 (2011)

923 N.Y.S.2d 859

MARIST COLLEGE et al., Appellants, v. CHAZEN ENVIRONMENTAL SERVICES, INC., et al., Defendants, and BRUSH & WEAVING CORPORATION, Doing Business as BLOCKSOM & CO., Respondent. (And a Third-Party Action.) Appellant.

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

Decided May 24, 2011.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Brush & Weaving Corporation, doing business as Blocksom & Co., to dismiss the complaint insofar as asserted against it pursuant to CPLR 3211 (a) (1) is denied.

Pursuant to CPLR 3211 (a) (1) a party may move to dismiss a cause of action based on documentary evidence which conclusively establishes a defense to the asserted...

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