Practice point: A motion to dismiss a complaint based on documentary evidence will be granted only when the evidence utterly refutes plaintiff's factual allegations, and establishes a defense as a matter of law.
Practitioners should note that leave to amend the complaint will be given absent prejudice or surprise.
Case: Stein v. Garfield Regency Condominium, NY Slip Op 06531 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Motion practice.
