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CALPO-RIVERA v. SIROKA

2265N, 653370/14.

144 A.D.3d 568 (2016)

2016 NY Slip Op 07860

42 N.Y.S.3d 19

JOSEPH CALPO-RIVERA et al., Appellants, v. ROBERT SIROKA et al., Respondents.

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

Decided November 22, 2016.

Where, as here, dismissal of counterclaims and affirmative defenses are sought on the basis of documentary evidence, such relief is warranted, in the case of counterclaims, "only if the documentary evidence submitted conclusively establishes a defense to the asserted claims as a matter of law" (Weil, Gotshal & Manges, LLP v Fashion Boutique of Short Hills, Inc., 10 A.D.3d 267, 271 [1st Dept 2004] [internal quotation marks omitted...

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