Motion to dismiss based on documentary evidence.

Practice point: A motion to dismiss based on documentary evidence, pursuant to CPLR 3211(a)(1), may be appropriately granted only where the documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law.

Student note: In order to be considered documentary evidence within the meaning of CPLR 3211(a)(1), the evidence must be unambiguous and of undisputed authenticity, that is, it must be essentially unassailable.

Case: Norment v. Interfaith Ctr. of N.Y., N.Y. Slip Op 06130 (2d. Dept. 2012).

Here is the decision.

Monday’s issue: Motion to dismiss based on a failure to state a cause of action.