CONSTELLATION ENERGY SERVICES OF NEW YORK, INC. v. NEW WATER STREET CORP.

0300340/2010.

146 A.D.3d 557 (2017)

2017 NY Slip Op 00260

46 N.Y.S.3d 25

CONSTELLATION ENERGY SERVICES OF NEW YORK, INC., Respondent, v. NEW WATER STREET CORP., Appellant.

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

Decided January 17, 2017.


Defendant failed to present documentary evidence that either flatly contradicts the allegations in the complaint so as to warrant dismissal pursuant to CPLR 3211 (a) (7) (see Maas v Cornell Univ., 94 N.Y.2d 87, 91 [1999]) or conclusively establishes a defense as a matter of law so as to warrant dismissal pursuant to CPLR 3211 (a) (1) (see Leon v Martinez, 84 N.Y.2d 83, 88 [1994]).

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