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BEKAS v. VALIOTIS

2010-10252.

90 A.D.3d 687 (2011)

934 N.Y.S.2d 327

2011 NY Slip Op 9077

DEMETRIOS BEKAS, Appellant, v. EFSTATHIOS VALIOTIS et al., Respondents.

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

Decided December 13, 2011.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the defendants' motion which were to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) are denied.

The Supreme Court erred in granting that branch of the defendants' motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1). The documentary evidence submitted by the defendants did not utterly refute the plaintiff's allegations, conclusively...

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