Thursday, April 6, 2017

Dismissal based on documentary evidence.

Practice point:  Dismissal of a complaint pursuant to CPLR 3211(a)(1) is only appropriate where the documentary evidence presented conclusively establishes a defense to the plaintiff's claims as a matter of law. The documents submitted must be explicit and unambiguous. In considering the documents, a court must adhere to the concept that the allegations in the complaint are presumed to be true, and that the pleading is entitled to all reasonable inferences. However, while the pleading is liberally construed, the court is not required to accept as true factual allegations that are plainly contradicted by documentary evidence.
Case:  Dixon v. 105 W. 75th St. LLC, NY Slip Op 02504 (1st Dep't March 30, 2017)  
Here is the decision.   
Tomorrow's issue:  An alleged breach of a non-compete clause.