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ALPHA CAPITAL ANSTALT v. GENERAL BIOTECHNOLOGY CORP.

Index No. 650918/19. Appeal No. 13123. Case No. 2020-03540.

191 A.D.3d 515 (2021)

138 N.Y.S.3d 350

2021 NY Slip Op 00985

Alpha Capital Anstalt, Respondent, v. General Biotechnology Corporation et al., Appellants.

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

Decided February 16, 2021.

Attorney(s) appearing for the Case

Barket Epstein Kearon Aldea & Loturco, LLP, Garden City ( Alexander R. Klein of counsel), for appellants.

Hoffner PLLC, New York ( David S. Hoffner of counsel), for respondent.

Concur—Gische, J.P., Moulton, González, Scarpulla, JJ.

When moving to dismiss an affirmative defense pursuant to CPLR 3211(b), "the plaintiff bears the heavy burden of showing that the defense is without merit as a matter of law" (Granite State Ins. Co. v Transatlantic Reins. Co., 132 A.D.3d 479, 481 [1st Dept 2015]). The allegations in the answer must be viewed in the light most favorable to the defendant (id.), and "the defendant is entitled to the benefit of every reasonable...

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