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MASS OP, LLC v. PRINCIPAL LIFE INS. CO.

2009-07836.

99 A.D.3d 870 (2012)

951 N.Y.S.2d 900

2012 NY Slip Op 6926

MASS OP, LLC, et al., Appellants, v. PRINCIPAL LIFE INSURANCE COMPANY, Respondent, et al., Defendants.

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

October 17, 2012.

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

Pursuant to CPLR 3211 (a) (1), a party may move to dismiss a complaint based on documentary evidence which conclusively establishes, as a matter of law, a defense to the asserted claims (see Leon v Martinez, 84 N.Y.2d 83, 88 [1994]; Moore v Liberty Power Corp., LLC, 72 A.D.3d 660, 661 [2010]). Here, the documentary...

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