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LANDES v. PROVIDENT REALTY PARTNERS II, L.P.

651, 155096/14.

137 A.D.3d 694 (2016)

27 N.Y.S.3d 853

2016 NY Slip Op 02515

DAVID LANDES et al., Respondents, v. PROVIDENT REALTY PARTNERS II, L.P., et al., Defendants, and PRP II CORP. et al., Appellants.

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

Decided March 31, 2016.

Given that defendants had the full opportunity to raise their current CPLR 3211 (a) arguments on their original CPLR 3211 (a) motion to dismiss, the IAS court correctly denied the motion as violative of the "single motion rule" of CPLR 3211 (e) (Barbarito v Zahavi, 107 A.D.3d 416, 420 [1st Dept 2013]).

Were we to reach the merits, we would also find that the motion was properly denied. On a motion to dismiss based on documentary...

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