Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3211 (a) (1) and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs to the defendant.
A motion pursuant to CPLR 3211 (a) (1) to dismiss a complaint based on documentary evidence "may be appropriately...
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