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ROSENBAUM v. MYERS

652971/19. Appeal No. 13027. Case No. 2020-01769.

191 A.D.3d 445 (2021)

137 N.Y.S.3d 709

2021 NY Slip Op 00640

Thane Rosenbaum, Appellant, v. Roslyn Myers, Respondent.

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

Decided February 4, 2021.

Attorney(s) appearing for the Case

Yankwitt LLP, White Plains ( Benjamin R. Allee of counsel), for appellant.

Friedman Kaplan Seiler & Adelman LLP, New York ( Robert S. Smith of counsel), for respondent.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Shulman, JJ.

Plaintiff seeks to enforce an acknowledgment of debt (AOD) between the parties, drafted by defendant, an attorney, which promised plaintiff 25% of the net proceeds from the sale of real property owned by defendant, which she received as a distributive award in her divorce. To prevail on a motion pursuant to CPLR 3211(a)(1) to dismiss a complaint, the defendant must show that the documentary evidence utterly refutes the plaintiff...

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