Dismissal is granted only where the documentary evidence that forms the basis of the defense is such that it utterly refutes the plaintiff's factual allegations, and, as a matter of law, conclusively disposes of the plaintiff's claims. To qualify as documentary evidence, the evidence must be unambiguous and of undisputed authenticity.
Benjamin v. Yeroushalmi, NYSlip Op 08547 (2d Dep't December 4, 2019)
Here is the decision.
