Suchmacher v. Manana Grocery
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant Carmen Webb appeals from an order of the Supreme Court, Richmond County (McMahon, J.), dated July 28, 2009, which denied her motion pursuant to CFLR 3211 (a) (1) to dismiss the amended complaint insofar as asserted against her.
Ordered that the order is affirmed, with costs.
A CFLR 3211 (a) (1) motion to dismiss based on documentary evidence may be appropriately granted “only where the documentary evidence utterly refutes plaintiffs factual allegations, conclusively establishing a defense as a matter of law” (Goshen v…
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