Practice point: A motion to dismiss based on CPLR 3211(a)(1) requires documentary evidence refuting plaintiff's factual allegations, establishing a defense as a matter of law.
Students should note that to be considered documentary, evidence must be unambiguous and of undisputed authenticity.
Case: Springer v. Almontaser, NY Slip Op 06081 (2d Dept. 2010)
Here is the opinion.
Tomorrow's issue: Torts.
