X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
laptop email exclamation point Photo: Rawpixel Ltd

The New York Commercial Division courts have frequently grappled with determining the meaning of “documentary evidence” under CPLR Rule 3211(a)(1), which permits a party to move to dismiss a claim on the ground that “a defense is founded upon documentary evidence.” As the CPLR does not define the phrase “documentary evidence,” courts have observed that, as used in the statute, “‘documentary evidence’ is a ‘fuzzy’ term, and what is documentary evidence for one purpose, might not be documentary evidence for another.” Fontanetta v. Doe, 73 A.D.3d 78, 84, 898 N.Y.S.2d 569, 574 (2d Dep’t 2010). More recently, with the overwhelming use of electronic communications, both the Appellate Division and Commercial Division have faced the question of whether emails, as well as other types of correspondence such as letters, may qualify as Rule 3211(a)(1) documentary evidence.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 

New York Motion Practice Handbook and FormsBook

New York Motion Practice Handbook Formsidentifies the statutory provisions governing various types of motions and the key decisions that interpret them. The book address...

Get More Information
 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.