August 13, 2019

CPLR 3211(a)(1).

A motion to dismiss will be granted on the ground of documentary evidence only where the evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law.

Glenwayne Dev. Corp v. James J. Corbett, P.C., NY Slip Op 06069 (2d Dep't August 7, 2019)

Here is the decision.