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REV 5, LLC v. UNION TEMPLE OF BROOKLYN

2018-10048. Index No. 502617/18.

189 A.D.3d 1485 (2020)

134 N.Y.S.3d 758

2020 NY Slip Op 07934

Rev 5, LLC, Respondent, v. Union Temple of Brooklyn, Appellant, et al., Defendants.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Schindler, Cohen & Hochman, LLP, New York, NY ( Steven R. Schindler and Jenny C. Gu of counsel), and Poler Legal, LLC, Brooklyn, NY ( Emily A. Poler of counsel), for appellant.

Smith, Gambrell & Russell, LLP, New York, NY ( Michael P. Regan of counsel), for respondent.

Rivera, J.P., Duffy, Barros and Iannacci, JJ., concur.

Ordered that the order is affirmed, with costs.

The defendant Union Temple of Brooklyn (hereinafter the defendant) contends that the Supreme Court erred in denying its motion pursuant to CPLR 3211(a)(1) to dismiss the complaint insofar as asserted against it, as it established a defense founded upon documentary evidence. In order to prevail on a motion pursuant to CPLR 3211(a)(1) to dismiss a complaint, the defendant must show that the documentary evidence utterly...

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