AGCS MARINE INSURANCE COMPANY v. SCOTTSDALE INSURANCE COMPANY

2011-04785.

102 A.D.3d 899 (2013)

958 N.Y.S.2d 753

2013 NY Slip Op 444

AGCS MARINE INSURANCE COMPANY et al., Respondents, v. SCOTTSDALE INSURANCE COMPANY, Appellant.

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

Decided January 30, 2013.


Ordered that the order is affirmed, with costs.

To successfully move to dismiss a complaint pursuant to CPLR 3211 (a) (1), the movant must present documentary evidence that "resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff's claim" (Nevin v Laclede Professional Prods., 273 A.D.2d 453, 453 [2000]; see Leon v Martinez, 84 N.Y.2d 83, 88 [1994...

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