Legal Opinion

HSBC Bank USA, N.A. v. Decaudin

Appellate Division of the Supreme Court of the State of New York

Decided March 18, 2008PublishedCited by 2 opinions

1Opinion of the Court

*695A motion to dismiss pursuant to CPLR 3211 (a) (1) may be granted only where “the documentary evidence that forms the basis of the defense [is] such that it resolves all factual issues as a matter of law, and conclusively disposes of the plaintiffs claims” (Saxony Ice Co., Div. of Springfield Ice Co., Inc. v Ultimate Energy Rest. Corp., 27 AD3d 445, 446 [2006]; see Museum Trading Co. v Bantry, 281 AD2d 524, 525 [2001]). The documentary evidence submitted by the defendant Naida I. Velazquez was sufficient to demonstrate that the subject conveyance to the defendant Bruno Decaudin was…

2Cases cited7 opinions

  1. Diocese of Buffalo v. McCarthyAppellate Division of the Supreme Court of the State of New York · 1983
  2. Lipman v. VebeliunasAppellate Division of the Supreme Court of the State of New York · 2007
  3. Rende & Esposito Consultants, Inc. v. St. Augustine's Roman Catholic ChurchAppellate Division of the Supreme Court of the State of New York · 1987
  4. Unterberg v. . ElderNew York Court of Appeals · 1914
  5. Museum Trading Co. v. BantryAppellate Division of the Supreme Court of the State of New York · 2001

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3Cited by2 opinions

  1. Town of Riverhead v. SilvermanAppellate Division of the Supreme Court of the State of New York · 2008
  2. NJ Lenders Corp. v. CosentinoAppellate Terms of the Supreme Court of New York · 2010

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