In order to succeed on a motion to dismiss based on documentary evidence, pursuant to CPLR 3211(a)(1), the evidence must utterly refute the plaintiff's factual allegations, conclusively establishing a defense as a matter of law.
Never Used Cars, LLC v. Nat Hoe Equities Corp., NY Slip Op 05682 (2d Dep't August 8, 2018)
Here is the decision.
