Practice point: Pursuant to CPLR 3211(a)(1), the motion may be granted only where the movant offers documentary evidence which utterly refutes plaintiff's allegations, and conclusively establishes a defense as a matter of law.
Student note: In considering the motion, pursuant to CPLR 3211(a)(7), the court must accept the facts as alleged as true, give plaintiff the benefit of every possible inference, and determine only whether the alleged facts fit within any cognizable legal theory.
Case: Cog-Net Bldg. Corp. v. Travelers Indem. Co. , NY Slip Op 06014 (2d Dept. 2011
