Constellation Energy Services of New York, Inc. v. New Water Street Corp.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered March 21, 2016, which denied defendant’s motion to dismiss the complaint, unanimously affirmed, without costs.

Defendant failed to present documentary evidence that either flatly contradicts the allegations in the complaint so as to warrant dismissal pursuant to CPLR 3211 (a) (7) (see Maas v Cornell Univ., 94 NY2d 87, 91 [1999]) or conclusively establishes a defense as a matter of law so as to warrant dismissal pursuant to CPLR 3211 (a) (1) (see Leon v Martinez, 84 NY2d 83, 88 [1994]).

The parties entered a “Power Sale…