Defendants have failed to utterly refute plaintiff's factual allegations and conclusively establish a defense to the asserted claims as a matter of law (CPLR 3211[a][1], [7]). Plaintiff has sufficiently alleged causes of action based on the Federal Securities Act sections 11 (15 USC § 77k), 12(a)(2) (15 USC § 771[a][2]), and 15 (15 USC § 77o) (see also Litwin v Blackstone Group, L.P.,
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