Bank of New York v. Hirschfeld

Edward ¡S. Conway, J.

This is a motion by the defendant New York State Teachers’ Retirement System, hereinafter referred to as Teachers’, for an order dismissing the cross claim of defendants Abraham Hirschfeld and 112 State Street Operating Co., Inc., hereinafter referred to as Hirschfeld and 112 respectively, on the ground that a defense thereto is founded upon documentary evidence pursuant to CPLR 3211 (subd. [a], "par. 1).

The defendants Hirshfeld and 112 oppose the motion by Teachers’ and make their own cross motion for an order granting them summary judgment against defendant Teachers ’…