At page 431 Affidavits not constituting documentary evidence under statute4 citing cases
- Mirza v. Coll. of Mount St. Vincent, 2025 NY Slip Op 50342(U) (N.Y. Sup. Ct., Bronx Cty. 2025).unpublishedId .; Flowers v 73rd Townhouse LLC, 99 AD3d 431, 431 (1st Dept 2012).
- Wright v. City of New York, 223 A.D.3d 547 (N.Y. App. Div. 1st Dep't 2024).published Portia's managing agent's affidavit in support of its pre-answer motion to dismiss does not constitute documentary evidence under CPLR 3211(a)(1) that conclusively established a defense to plaintiff's amended complaint ( see Correa v Orien…
- Manglani v. City of New York, 209 A.D.3d 563 (N.Y. App. Div. 1st Dep't 2022).publishedThe affidavit of defendant's managing agent did not establish a defense as a matter of law because it was not conclusive "documentary evidence" within the meaning of CPLR 3211 (a) (1) ( see Disbrow v Normandie Condominium, 201 AD3d 462 [1s…
v.
73rd Townhouse LLC
The documentary evidence submitted on the motion — namely, checks from the Law Offices of Milton S. Rinzler to certain defendants — failed to show conclusively that plaintiff’s claims were time-barred. The affidavits submitted by defendants were not “documentary evidence” within the meaning of CPLR 3211 (a) (1) (see e.g. Granada Condominium III Assn. v Palomino, 78 AD3d 996, 997 [2d Dept 2010]; Fontanetta v John Doe 1, 73 AD3d 78, 85-86 [2d Dept 2010]), and without the affidavits, it cannot be concluded that defendant 73rd Townhouse LLC made distributions that were protected by the statute of limitations in Limited Liability Company Law § 508 (c).
On appeal, defendants argue only the statute of limitations. Accordingly, they have abandoned so much of their motion as was based on CPLR 3211 (a) (7). Concur — Gonzalez, P.J., Saxe, DeGrasse, Freedman and Román, JJ.