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 factual allegations, thereby conclusively establishing a defense as a matter of law.
Artzy v. Specialized Loan Servicing, LLC, NY Slip Op 05488 (2d Dep't October 8, 2025)
