CPLR R. 3211(a)(1), CPLR R. 3211(a)(2), CPLR R. 3211(a)(7)

Where, as here, evidentiary material has been considered in support
of a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the
court must determine whether the proponent of the pleading has a cause
of action, not whether the proponent has stated one (see Guggenheimer v Ginzburg, 43 NY2d 268, 275; Steiner v Lazzaro & Gregory, 271 AD2d 596, 597; Meyer v Guinta, 262
AD2d 463, 464). "If the documentary proof disproves an essential
allegation of the complaint, dismissal pursuant to CPLR 3211(a)(7) is
warranted even if the allegations, standing alone, could withstand a
motion to dismiss for failure to state a cause of action" (Peter F. Gaito Architecture, LLC v Simone Dev. Corp., 46 AD3d 530).

In the present case, the documentary evidence submitted by the
defendant Iron Mountain Information Management, Inc. (hereinafter Iron
Mountain), established that the Administration Agreement entered into
between it and the plaintiff had expired pursuant to its terms in
November 2006. Thus, the Supreme Court properly granted that branch of
Iron Mountain's motion which was to dismiss the third cause of action
alleging, in effect, that Iron Mountain breached the Administration
Agreement in and after December 2006. Moreover, the Supreme Court also
properly granted that branch of Iron Mountain's motion which was to
dismiss the fourth cause of action alleging, in effect, tortious
interference with contract, as the documentary evidence established
that no enforceable contract was in effect during the period relevant
to the allegations in the fourth cause of action (see Lama Holding Co. v Smith Barney, 88 NY2d 413, 424; Long Is. Pen Corp. v Shatsky Metal Stamping Co., 94 AD2d 788, 789; Winer v Glaser, 3 AD2d 656, 657).

In addition, the Supreme Court correctly granted that branch of
the motion of the defendant 1165 Northern, LLC (hereinafter Northern),
which was to dismiss the fifth cause of action alleging breach of
contract based, inter alia, on Northern's alleged failure to negotiate
the terms of fair market rent with the plaintiff in good faith. The
documentary evidence conclusively established that Northern's
obligation to negotiate fair market rent was never triggered in light
of the plaintiff's
failure to exercise its option to renew in accordance with the terms of the lease (see Leon v Martinez, 84 NY2d at 88).