Construing the complaint in the light most favorable to the plaintiff and accepting all of its factual allegations as true, as is generally appropriate in passing upon a motion to dismiss for failure to state a cause of action ( Morone v. Morone, 50 N.Y.2d 481, 484), we agree with the motion court that the complaint sufficiently alleges a cause of action for breach of contract. While it is true, as defendants contend, that the above-noted rule of construction may be overcome where factual claims are flatly contradicted by documentary evidence ( see, Quail Ridge Assocs. v. Chemical Bank, 162 A.D.2d 917, lv dismissed 76 N.Y.2d 936), the documentary evidence presented by defendants is, as the motion court observed, far from conclusive.
We have considered defendants' remaining contentions and find them to be unpersuasive.
Concur — Rosenberger, J. P., Nardelli, Mazzarelli, Andrias and Saxe, JJ.