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SIMS v. PROM REALTY CO., LLC

2017-01916 Index No. 705653/15.

160 A.D.3d 1006 (2018)

72 N.Y.S.3d 453

2018 NY Slip Op 02822

Marie Sims et al., Respondents, v. Prom Realty Co., LLC, Appellant.

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

Decided April 25, 2018.

Ordered that the order is affirmed, without costs or disbursements.

"A motion to dismiss pursuant to CPLR 3211 (a) (1) will be granted only if the `documentary evidence resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff's claim'" (Fontanetta v John Doe 1, 73 A.D.3d 78, 83 [2010], quoting Fortis Fin. Servs. v Fimat Futures USA, 290 A.D.2d 383

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