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FADEN v. SATTERLEE STEPHENS BURKE & BURKE, LLP

52 A.D.3d 652 (2008)

858 N.Y.S.2d 914

BRAD FADEN, Appellant, v. SATTERLEE STEPHENS BURKE & BURKE, LLP, et al., Respondents.

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

Decided June 17, 2008.

Ordered that the order is affirmed, with costs.

The defendants were entitled to dismissal of the complaint based upon documentary evidence that conclusively established a defense to the action (see CPLR 3211 [a] [1]; Malarkey v Piel, 7 A.D.3d 681 [2004]). The defendants submitted a stockholders' agreement signed by the plaintiff which conclusively disposed of his legal malpractice claim (see Bishop v Maurer,

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