When seeking a CPLR 3211 dismissal, a defendant can submit evidence, such as affidavits or testimony, attacking a well-pleaded cognizable claim. Such submission change the CPLR 3211 inquiry from whether the pleader has stated a cause of action to whether the pleader has a cause of action amenable to relief, or whether the defendant has a complete defense to the claims. Any such evidence must conclusively establish, as a matter of law, a defense to the plaintiff's claims.
Holder v. Jacob, NY Slip Op[ 03864 (1st Dep't July 18, 2024)
