A motion to dismiss 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, conclusively establishing, as a matter of law, a defense to the action.
Cunningham v. Cunningham, NY Slip Op 01168 (2d Dep't March 6, 2024)
