City Line Rent a Car, Inc. v. Alfess Realty, LLC

In an action, inter alia, for declaratory and injunctive relief in connection with a commercial lease, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Dorsa, J.), entered August 22, 2005, as denied those branches of their motion which were to dismiss the defendant’s first and second counterclaims pursuant to CPLR 3211 (a) (1) and (7).

Ordered that the order is affirmed insofar as appealed from, with costs.

“Under CPLR 3211 (a) (1), a dismissal is warranted only if the documentary evidence submitted conclusively establishes a…