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DAVIS v. EVANGELICAL LUTHERAN CHURCH IN AM.

294 CA 21-01042.

204 A.D.3d 1515 (2022)

165 N.Y.S.3d 775

2022 NY Slip Op 02914

Robert R. Davis, Respondent, v. Evangelical Lutheran Church in America et al., Defendants, and Upstate New York Synod of the Evangelical Lutheran Church in America, Appellant.

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

Decided April 29, 2022.

Attorney(s) appearing for the Case

HURWITZ & FINE, P.C., BUFFALO (ANDREA SCHILLACI OF COUNSEL), FOR DEFENDANT-APPELLANT.

CHIACCHIA & FLEMING, LLP, HAMBURG (CHERYL KENNEDY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Centra, NeMoyer and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On appeal, defendant-appellant (defendant) contends that Supreme Court erred in denying its motion to dismiss the complaint against it pursuant to CPLR 3211(a) (1). We reject that contention.

In order to succeed on a motion to dismiss pursuant to CPLR 3211(a)(1), the defendant must proffer documentary evidence...

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