M.H. Mandelbaum Orthotic & Prosthetic Services, Inc. v. Werner
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, for a judgment declaring the plaintiffs’ rights under a shareholders’ agreement, the defendant Marc Werner appeals from so much of an order of the Supreme Court, Suffolk County (Emerson, J.), dated May 30, 2012, as denied his motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint insofar as asserted against him.
Ordered that order is affirmed insofar as appealed from, with costs.
“To succeed on a motion to dismiss based upon documentary evidence pursuant to CPLR 3211 (a) (1), the documentary evidence must utterly refute the plaintiffs factual…
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