June 1, 2025

Motions to dismiss.

Under CPLR 3211(a)(1), a dismissal is warranted only if the documentary evidence utterly refutes plaintiff's factual allegations, conclusively establishing a defense as a matter of law. Affidavits, emails, and letters are not considered documentary evidence within the meaning of CPLR 3211(a)(1).

Bernstein v. Jacobson, NY Slip Op 03173 (2d Dep't May 28, 2025)

Here is the decision.