A claim will be dismissed if the submission of documentary evidence conclusively establishes, as a matter of law, a defense to the asserted claims. If the motion is not made before an answer is interposed, or preserved in a responsive pleading, it is waived.
M&E 73-75, LLC v. 57 Fusion LLC, NY Slip Op 04372 (1st Dep't July 30, 2020)
Here is the decision.
