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Daily Archives: Thursday, August 24, 2017

Posted: August 24, 2017

Letters, Affidavits and Transcripts Not 3211(a)(1) Documentary Evidence

On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casualty Co., 2017 NY Slip Op. 06162, holding that proffered evidence was insufficient to support a motion to dismiss, explaining: A motion to dismiss a complaint pursuant to CPLR 3211(a)(1) may be granted only if the documentary… Read more »