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The First and Second Departments Split on What is Considered “Documentary Evidence” on a Motion to Dismiss Under CPLR 3211(a)(1)
14 Nov 2017, 8:48 am by Jordan M. Engelhardt, Muhammad U. Faridi
The Rule A claim will be dismissed under CPLR 3211(a)(1) where “documentary evidence submitted conclusively establishe[s] a defense to the asserted claims as a matter of law. [read post]
NY Commercial Division Blog - https://www.pbwt.com/ny-commercial-division-blog/