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MOTOR PARKWAY ENTERPRISES, INC. v. LOYD KEITH FRIEDLANDER PARTNERS, LTD.

2010-05628.

89 A.D.3d 1069 (2011)

933 N.Y.S.2d 586

2011 NY Slip Op 8735

MOTOR PARKWAY ENTERPRISES, INC., Appellant, v. LOYD KEITH FRIEDLANDER PARTNERS, LTD., et al., Respondents.

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

Decided November 29, 2011.

Ordered that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the Supreme Court properly granted that branch of the defendants' motion which was, in effect, pursuant to CPLR 3211 (a) (1) to dismiss the complaint. The documentary evidence submitted by the defendants, including the application for insurance signed by the plaintiff's president and the resulting policy of insurance furnished by the defendants to the plaintiff, conclusively disposed...

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