JD Supra

Is the Defense of “Release” Documentary Evidence Under 3211(a)(1) or an Affirmative Defense Under (a)(5)(or does it matter)?

In a case arising out of the Commercial Division in Kings County (Hon. Sylvia G. Ash), a question on appeal was whether the defense of release is considered “documentary evidence” under CPLR 3211 (a) ...
Law

Use of Evidence in a Motion Under CPLR 3211(a)(7): A Refresher Course

An examination of relevant case law regarding these rules suggests that CPLR 3211(a)(7) may actually provide a more flexible vehicle for the use of evidence than CPLR 3211(a)(1). The rules are ...
JD Supra

It May Look Like Documentary Evidence, But Is It Under CPLR 3211(a)(1)?

CPLR 3211(a)(1) allows a defendant to seek dismissal of a complaint when the defense is “founded upon documentary evidence.” “Documentary evidence”, however, is not defined by the CPLR – leaving many ...
Law

Rule 3211(a)(1) Documentary Evidence in an Electronic Age

Rule 3211 (a) (1) Documentary Evidence in an Electronic Age In their Commercial Division Update column, Thomas J. Hall and Judith A. Archer address the New York Court of Appeals' recent decision ...