Dismissal: Evidentiary Material

Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one. 60 E. 196, LLC v. Tokio Mar. Specialty Ins. Co., NY Slip Op 05660 (2d Dep't October 15, 2025)