A motion pursuant to CPLR 3211(a)(1) to dismiss the complaint on the ground that the action is barred by documentary evidence may be granted only where the documentary evidence utterly refutes the plaintiff's allegations, thereby conclusively establishing a defense as a matter of law. If the evidence submitted in support of the motion is not documentary, the motion must be denied. An affidavit is not documentary evidence because its contents can be controverted by other evidence, such as another affidavit.
Curran v. Village of Amityville, NY Slip Op 04760 (2d Dep't August 27, 2025)
