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Vinnik v. 795 Fifth Avenue Corp.

62 N.Y.2d 698 Court N.Y. Decision date 1984-05-03 English

Judges Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

Contents

Majority

p. 698
Daniel M. Vinnik et al., Respondents, v 795 Fifth Avenue Corporation et al., Appellants.
Argued March 27, 1984;
decided May 3, 1984
p. 699

Headnote

APPEARANCES OF COUNSEL
Alvin K. Hellerstein, Eva L. Coben and Jed Ringel for appellants.
Louis A. Craco, Millard L. Midonick, David G. Trachten-berg and Gary J. Malone for respondents.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

We agree with the Appellate Division and for the reasons stated by that court ( 94 AD2d 685 ) that the documents submitted by defendants on their motion to dismiss under CPLR 3211 (subd [a], pars 1, 7) are not sufficient, without more, to constitute a defense to the causes of action alleged in the complaint warranting its dismissal.

Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

Order affirmed, with costs, in a memorandum. Question certified answered in the affirmative.

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