Practice point: An unambiguous contract provision may qualify as documentary evidence within the meaning of CPLR 3211(a).
Student note: To prevail on a motion to dismiss a complaint pursuant to CPLR
3211(a)(1), a defendant must submit documentary
evidence that utterly refutes plaintiff's factual allegations, conclusively
establishing a defense as a matter of law.
Case: 13 Throop, LLC v. Triumph, the Church of the New Age, NY Slip Op 06516 (2d Dep't September 20, 2017)
Here is the decision.
