A party may move to dismiss a complaint pursuant to CPLR 3211(a)(1) where the movant has a defense founded on documentary evidence. The evidence submitted in support of the motion must be documentary or the motion must be denied. Emails do not qualify as documentary evidence.
Druzhinsky v. Trump Vil. Section 4, Inc., NY Slip Op 05164 (2d Dep't September 2, 2026)
