Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one. Unless it has been shown that a material fact as claimed by the plaintiff to be one is not a fact at all, and unless it can be said that no significant dispute exists regarding it, the motion should be denied.
60 E. 196, LLC v. Tokio Mar. Specialty Ins. Co., NY Slip Op 05660 (2d Dep't October 15, 2025)
