WELLS FARGO BANK, NATIONAL ASSOCIATION v. GSRE II, LTD.

600356/10, 6827, 6827A.

92 A.D.3d 535 (2012)

939 N.Y.S.2d 348

2012 NY Slip Op 1185

WELLS FARGO BANK, NATIONAL ASSOCIATION, as Trustee for the Beneficial Owner of N-STAR REL CDO VIII GRANTOR TRUST, SERIES I, et al., Appellants, v. GSRE II, LTD., et al., Respondents.

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

Decided February 16, 2012.


The motion court correctly dismissed the complaint upon finding that the documentary evidence conclusively established defendants' right to sell the mortgage loan, in its entirety, without plaintiffs' consent—the very act which plaintiffs contest (see JFK Holding Co., LLC v City of New York, 68 A.D.3d 477, 477 [2009] ["factual claims, which are . . . flatly contradicted by documentary evidence . . . are not presumed to be...

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