What is a CPLR 3211?
In New York state court, where the Civil Practice Law and Rules (CPLR) offers more flexibility than the Federal Rules of Civil Procedure, CPLR 3211(a)(1) permits a defendant to introduce on a motion to dismiss documents that “utterly refute” allegations in a complaint, but it is not boundless.
Is a motion to dismiss a responsive pleading Cplr?
We conclude that the notices of discontinuance were not untimely because a motion to dismiss pursuant to CPLR 3211 is not a “responsive pleading” for purposes of CPLR 3217 (a) (1). Rather, a “motion” is defined in the CPLR as “an application for an order” (CPLR 2211).
Does a motion for summary judgment stays discovery NY?
Stay of Discovery Unless the Court orders otherwise, once a notice of Motion for Summary Judgment is served, all discovery in the case is stayed until “determination of the motion.” CPLR 3214(b).
When to file a motion for summary judgment?
If the court finds that the dismiss the cause of action as to such defendant. (b) Motion to dismiss defense. A party may move for judgment stated or has no merit. summary judgment. Upon the hearing of a motion made under subdivision considered on a motion for summary judgment. Whether or not issue has the motion as a motion for summary judgment.
What is rule 3211 for motion to dismiss?
Rule 3211. Motion to dismiss. (a) Motion to dismiss cause of action. be a party. hundred twenty-a of the not-for-profit corporation law. Presumptive trust. On a motion by a defendant based upon this paragraph the court or was intended to cause the resulting harm.
When is an objection waived in New York consolidated law?
An objection based upon a ground specified in paragraph eight or nine of subdivision (a) is waived if a party moves on any of the grounds set forth in subdivision (a) without raising such objection or if, having made no objection under subdivision (a), he or she does not raise such objection in the responsive pleading.
When to move for judgment dismissing a cause of action?
A party may move for judgment dismissing one or more causes of action asserted against him on the ground that: 2. the court has not jurisdiction of the subject matter of the cause of action; or 3. the party asserting the cause of action has not legal capacity to sue; or