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MORALES v. 78 4TH AVENUE CORP.

57 A.D.3d 748 (2008)

868 N.Y.S.2d 901

ANA IRIS CARPIO MORALES et al., Respondents, v. 78 4TH AVENUE CORP. et al., Appellants.

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

December 16, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

A motion to dismiss a complaint pursuant to CPLR 3211 (a) (1) "may be appropriately granted only where the documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law" (Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 326 [2002]; see Leon v Martinez, 84 N.Y...

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