Lee v. Dow Jones & Co., Inc.

Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered January 30, 2014, which granted defendant Dow Jones & Company, Inc.’s motion to dismiss the complaint, and denied, as moot, plaintiffs’ cross motion to consolidate the three actions, unanimously reversed, on the law, without costs, the motion denied, and the cross motion granted.

In the circumstances presented, the court improperly considered affidavits and deposition testimony submitted by defendant in deciding its CPLR 3211 (a) (7) motion to dismiss the complaint. CPLR 3211 (a) (7) “limits [the court] to an examination of the…