Erich Fuchs Enterprises v. American Civil Liberties Union Foundation, Inc.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered March 24, 2011, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211, unanimously affirmed, without costs.

The court properly granted defendants’ motion to dismiss the complaint. The documentary evidence submitted in support of the motion “resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff [s’] claim” (Fortis Fin. Servs. v Fimat Futures USA, 290 AD2d 383, 383 [2002] [internal quotation marks omitted]). “The court was not required to accept at face value…