A motion to dismiss the complaint on the ground that the action is barred by documentary evidence, pursuant to CPLR 3211(a)(1), may be granted only where the documentary evidence utterly refutes the plaintiff's factual allegations, thereby conclusively establishing, as matter of law, a defense to the action.
Buchanan v. Law Offs. of Sheldon E. Green, P.C., NY Slip Op 01979 (2d Dep't April 19, 2023)
