A motion to dismiss a complaint pursuant to CPLR 3211(a)(1) may be granted only if the moving party's documentary evidence utterly refutes the factual allegations of the complaint and conclusively establishes a defense to the claims as a matter of law. In order to be considered documentary, the evidence must be unambiguous and of undisputed authenticity. Judicial records, as well as documents reflecting out-of-court transactions such as mortgages, deeds, contracts, and other papers, the contents of which are essentially undeniable, may qualify as documentary evidence.
Dimas Tower, Inc. v. North Shore Towers Apts., Inc., NY Slip Op 02822 (2d Dep't May 6, 2026)
