In an action for damages resulting from alleged defaults on a lease of cancer-detection equipment, and on Defendant-lessee’s motion to dismiss, the Supreme Court, New York County, Ramos, J. denied Defendant’s motion to dismiss under CPLR 3211 [a] [1] on documentary evidence, holding that the documents submitted in support of Defendant’s motion did not "utterly refute" Plaintiff-lessor’s allegations that Defendant failed to make timely payments and that material changes in Defendant’s financial condition and business operations constituted defaults under the lease. The court held that the lease agreements, as well as Defendant’s intent-to-purchase and surrender-of-equipment letters, were insufficient to refute Plaintiff’s allegations but noted that "cashed checks or bank statements," as well as "financial statements and other business records," would have been sufficient to defeat Plaintiff’s claims.