Practice point:: A cause of action may be dismissed pursuant to CPLR 3211(a)(1) only
where the documentary evidence utterly refutes the plaintiff's
factual allegations, conclusively establishing a defense as a matter of
law, and definitely disposing of the plaintiff's claim.
Student note: In a proper case, email correspondence can suffice as documentary evidence for purposes of CPLR 3211(a)(1). However, factual affidavits are not documentary evidence within the meaning of the statute.
Case: Art & Fashion Group Corp. v. Cyclops Prod., Inc., NY Slip Op 06008 (1st Dept. 2014)
Here is the decision.
Tomorrow's issue: Attorney-defendants' alleged participation in a fraudulent corporate scheme.
