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FRANCIS v. VORNADO REALTY TRUST/KINGS PLAZA MALL

2010-08705.

89 A.D.3d 680 (2011)

931 N.Y.S.2d 888

2011 NY Slip Op 7807

WENDELL FRANCIS, Appellant, v. VORNADO REALTY TRUST/KINGS PLAZA MALL, Respondent. (And a Third-Party Action.)

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

Decided November 1, 2011.

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

A motion to dismiss pursuant to CPLR 3211 (a) (1) will be granted if "a defense is founded upon documentary evidence" (CPLR 3211 [a] [1]; see Fontanetta v John Doe 1, 73 A.D.3d 78 [2010]). Here, the Supreme Court correctly determined that the documentary evidence submitted by the defendant Vornado Realty Trust/Kings Plaza Mall utterly refuted the factual...

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