Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered January 9, 2023, which, to the extent appealed from as limited by the briefs, denied defendant's motion to dismiss the first and second causes of action pursuant to CPLR 3211(a)(1), (a)(5), and (a)(7), unanimously affirmed, with costs.
The April 2011 settlement agreement between plaintiff and defendant does not utterly refute plaintiff's allegations seeking recovery from defendant to the extent defendant...
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