Law

First and Second Departments Split on What Is Considered 'Documentary Evidence'

CPLR 3211(a)(1) allows a defendant to “move for judgment dismissing one or more causes of action asserted against him on the ground that … a defense is founded upon documentary evidence.” The CPLR ...
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 ...
JD Supra

Court Considers Emails and Letters as “Documentary Evidence” in Dismissing Legal Malpractice Complaint Pursuant to CPLR 3211(a)(1) and (a)(7)

Citing “substantial documentary evidence” consisting of emails and letters, Justice Borrok of Manhattan’s Commercial Division concluded that a legal malpractice claim brought by former president of ...
City & State New York

Documentary Evidence: A Q&A with Author Sarah Burns

In April 1989 a white woman jogging in Central Park was raped and nearly killed, and five black teenagers were rounded up and charged with the crime. The case of the “Central Park jogger”—later ...
Law

Southern District Refuses to Grant Summary Judgment Due to Lack of Documentary Evidence Demonstrating That Insured's Misrepresentations Were Material

In New York, insurers are generally entitled to rescind an insurance policy issued in reliance on a policyholder's material misrepresentations. This provides insurers with an important tool to avoid ...
BroadwayWorld

Smithsonian Channel to Premiere Documentary TITANIC: NEW EVIDENCE, 1/21

The sinking of the RMS Titanic has been the subject of countless investigations, and the true cause of the tragedy is hotly debated. Now, explosive new photographs have surfaced containing shocking ...