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DRAGON HEAD LLC v. ELKMAN

9047 650192/12.

102 A.D.3d 552 (2013)

958 N.Y.S.2d 134

2013 NY Slip Op 289

DRAGON HEAD LLC, Appellant, v. STEVEN MUNRO ELKMAN, et al., Defendants, and DEUTSCHE BANK ALEX. BROWN, a Division of DEUTSCHE BANK SECURITIES, INC., Respondent.

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

Decided January 22, 2013.

Plaintiff's allegations against Deutsche Bank are not entitled to be deemed true, since they consist of bare legal conclusions and factual assertions that are flatly contradicted by the documentary evidence showing that Deutsche Bank was not a party to the written agreements at issue (see Biondi v Beekman Hill House Apt. Corp., 257 A.D.2d 76, 81 [1st Dept 1999], affd 94 N.Y.2d 659 [2000...

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