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FADEN v. SATTERLEE

Appellate Division of the Supreme Court of New York, Second Department.
Jun 17, 2008
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Ordered that the order is affirmed, with costs.

The defendants were entitled to dismissal of the complaint based upon documentary evidence that conclusively established a defense to the action ( see CPLR 3211 [a] [1]; Malarkey v Piel, 7 AD3d 681). The defendants submitted a stockholders' agreement signed by the plaintiff which conclusively disposed of his legal malpractice claim ( see Bishop v Maurer, 33 AD3d 497, 499, affd 9 NY3d 910; Beattie v Brown Wood, 243 AD2d 395; Lunney Crocco v Wolfe, 243 AD2d 348).