Standard Chartered Bank v. D. Chabbott, Inc.

Order of the Supreme Court, New York County (William J. Davis, J.), entered April 3, 1991, which, to the extent appealed from, granted defendant’s motion to dismiss the complaint, pursuant to CPLR 3211 (a) (1), unanimously affirmed, with costs.

It is well settled that a defense based upon documentary evidence is not dispositive "unless the documents submitted resolve all of the factual issues as a matter of law” (Lake Placid Vil. v Lake Placid Main St. Corp., 90 AD2d 873, 874). Such was achieved by defendant’s documentary evidence establishing that payments were made in excess of the debt owed…