Opinion
March 23, 1998
Appeal from the Supreme Court, Nassau County (Kutner, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
Since the documentary evidence relied upon by the appellants did not definitively dispose of the plaintiff's claim, the Supreme Court properly denied their motion pursuant to CPLR 3211 (a) (1) to dismiss the complaint insofar as asserted against them ( see, R.W.P. Group v. Holzberg, 202 A.D.2d 410, 411; Juliano v. McEntee, 150 A.D.2d 524; Greenwood Packing Corp. v. Associated Tel. Design, 140 A.D.2d 303).
O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.