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7397 Erich Fuchs Enterprises, et al v. American Civil Liberties Union Foundation

New York Supreme and/or Appellate Courts Appellate Division, First Department


May 10, 2012

7397 ERICH FUCHS ENTERPRISES, ET AL.,
PLAINTIFFS-APPELLANTS,
v.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION, INC., ET AL.,
DEFENDANTS-RESPONDENTS.

Erich Fuchs Enters. v American Civ. Liberties Union Found., Inc.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 10, 2012

Andrias, J.P., Friedman, Moskowitz, Freedman, Manzanet-Daniels, JJ.

Order, Supreme Court, New York County (Emily Jane Goodman, J.), entered March 24, 2011, which granted defendants' motion to dismiss the complaint pursuant to CPLR 3211, unanimously affirmed, without costs.

The court properly granted defendants' motion to dismiss the complaint. The documentary evidence submitted in support of the motion "resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff[s'] claim" (Fortis Fin. Servs. v Fimat Futures USA, 290 AD2d 383, 383 [2002] [internal quotation marks omitted]). "The court was not required to accept at face value every conclusory, patently unsupportable assertion of fact found in the complaint, but could consider documentary evidence, proved or conceded to be authentic" (West 64th St., LLC v Axis U.S. Ins., 63 AD3d 471 [2009] [internal quotation marks omitted]; Robinson v Robinson, 303 AD2d 234 [2003]).

We have considered plaintiff's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 10, 2012

CLERK

20120510

© 1992-2012 VersusLaw Inc.



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