Bonnie & Co. Fashions v. Bankers Trust Co.

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered December 3, 1998, which granted defendant’s motion *189to dismiss the first, second and fourth causes of action, unanimously reversed, on the law, with costs, the motion denied, and the causes of action reinstated.

The IAS Court erred in its dismissal of plaintiffs’ first, second and fourth causes of action. On a pre-answer motion to dismiss pursuant to CPLR 3211 (a) (1), a dismissal is proper only when the documentary evidence submitted establishes a defense to the asserted claims as a matter of law (Leon v Martinez, 84 NY2d 83,…