At page 453 Burden of documentary evidence for motion to dismiss8 citing cases“resolves all factual issues as a matter of law, and conclusively disposes of the plaintiffs claim”
- Botach Mgmt. Grp. v. Gurash, 138 A.D.3d 771 (N.Y. App. Div. 2d Dep't 2016).published"A party seeking dismissal on the ground that its defense is founded on documentary evidence under CPLR 3211 (a) (1) has the burden of submitting documentary evidence that ‘resolves all factual issues as a matter of law, and conclusively d…
- AGCS Marine Ins. v. Scottsdale Ins., 102 A.D.3d 899 (N.Y. App. Div. 1st Dep't 2013).published To successfully move to dismiss a complaint pursuant to CPLR 3211 (a) (I), the movant must present documentary evidence that “resolves all factual issues as a matter of law, and conclusively disposes of the plaintiffs claim” (Nevin v Lacle…
- Datena v. JP Morgan Chase Bank, 73 A.D.3d 683 (N.Y. App. Div. 2d Dep't 2010).publishedA complaint may be dismissed if “documentary evidence . . . ‘resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff’s claim’ ” (Sullivan v State of New York, 34 AD3d 443, 445 [2006], quoting Nevin v Lacl…
- Archer v. Skokan, 70 A.D.3d 877 (N.Y. App. Div. 2d Dep't 2010).published“A party seeking dismissal on the ground that its defense is founded on documentary evidence under CPLR 3211 (a) (1) has the burden of submitting documentary evidence that ‘resolves all factual issues as a matter of law, and conclusively d…
- Uzzle v. Nunzie Court Homeowners Ass'n, 70 A.D.3d 928 (N.Y. App. Div. 2d Dep't 2010).published“A party seeking dismissal on the ground that its defense is founded on documentary evidence under CPLR 3211 (a) (1) has the burden of submitting documentary evidence that ‘resolves all factual issues as a matter of law, and conclusively d…
- Snyder v. Allstate Ins., 70 A.D.3d 670 (N.Y. App. Div. 2d Dep't 2010).published“A party seeking dismissal on the ground that its defense is founded on documentary evidence under CPLR 3211 (a) (1) has the burden of submitting documentary evidence that ‘resolves all factual issues as a matter of law, and conclusively d…
- Sullivan v. State, 34 A.D.3d 443 (N.Y. App. Div. 2d Dep't 2006).published
Other citing cases
- L'Archeveque v. Maimonides Med. Ctr., 282 A.D.2d 576 (N.Y. App. Div. 2d Dep't 2001).published
v.
Laclede Professional Products, Inc.
In an action, inter alia, to enforce an option to purchase stock pursuant to a letter of agreement, the defendant appeals from an order of the Supreme Court, Nassau County (Alpert, J.), entered July 29, 1999, which denied its motion pursuant to CPLR 3211 (a) (1) and (7) to dismiss the complaint.
Ordered that the order is affirmed, with costs.
“Under CPLR 3211 a trial court may use affidavits in its consideration of a pleading motion to dismiss” (Rovello v Orofino Realty Co., 40 NY2d 633, 635). With respect to the branch of the defendant’s motion to dismiss pursuant to CPLR 3211 (a) (1) the defendant failed to meet its burden of showing that the documentary evidence submitted resolves all factual issues as a matter of law, and conclusively disposes of the plaintiff’s claim (see, Leon v Martinez, 84 NY2d 83, 87-88; Brunot v Eisenberger & Co., 266 AD2d 421). Further, with respect to the branch, of the defendant’s motion to dismiss pursu[*454]ant to CPLR 3211 (a) (7), we find that the complaint states a cause of action. Ritter, J. P., Sullivan, Florio and Feuerstein, JJ., concur.