In Pacella v. Whiteman Osterman & Hanna (14 AD3d 545 [2005]), the Appellate Division, Second Department, held that the Supreme Court properly granted that branch of the defendant's motion which was to dismiss a claim for legal malpractice based upon documentary evidence, stating "the defendant submitted the transcript of the court proceedings memorializing the terms of the stipulation of settlement of the underlying litigation, in which the defendant represented the plaintiff, which contradicted the claim of malpractice" (id. at 545-546).