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SHIRZADNIA v. LECCI

2011-10916.

101 A.D.3d 1100 (2012)

956 N.Y.S.2d 559

2012 NY Slip Op 9043

ALFRED SHIRZADNIA, Appellant, v. SALVATORE A. LECCI, Respondent.

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

December 26, 2012.

Ordered that the order is affirmed, with costs.

The plaintiff commenced the instant action by the filing of a summons and complaint on December 28, 2004. By notice of motion dated February 15, 2005, the defendant moved for an order, inter alia, "pursuant to CPLR 3211 and 3212 dismissing the complaint upon the ground that there is documentary evidence which precludes plaintiff's complaint." In an order dated June 15, 2005, the Supreme Court denied that branch of the...

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