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https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvpny-cplr-rule-3211.html
A motion to dismiss based on paragraph seven of subdivision (a) of this section, in which the moving party has demonstrated that the action, claim, cross claim or counterclaim subject to the motion is an action involving public petition and participation as defined in paragraph (a) of subdivision one of section seventy-six-a of the civil rights ...
https://jdbar.com/statutes/cplr-3211/
CPLR 3211: Motion to dismiss CPLR 3211 Motion to dismiss (a) Motion to dismiss cause of action. A party may move for judgment dismissing one or more causes of action asserted against him on the ground that: 1. a defense is founded upon documentary evidence; or. 2. the court has not jurisdiction of the subject matter of the cause of action; or
http://www.nycourts.gov/courts/nyc/civil/cplr3211.shtml
Apr 01, 2013 · A motion to dismiss based on paragraph seven of subdivision (a) of this section, in which the moving party has demonstrated that the action, claim, cross claim or counterclaim subject to the motion is an action involving public petition and participation as defined in paragraph (a) of subdivision one of section seventy-six-a of the civil rights ...
http://www.courtstreetlaw.com/cplr_3211/
Sep 07, 2018 · “ Where evidentiary material is submitted and considered on a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), and the motion is not converted into one for summary judgment, the question becomes whether the plaintiff has a cause of action, not whether the plaintiff has stated one, and unless it has been shown that a material fact as ...
https://www.thelangelfirm.com/debt-defense-blog/2016/april/legal-grounds-for-a-motion-to-dismiss-new-york/
Apr 15, 2016 · The motion to dismiss is used to stop a lawsuit in its tracks. Its aim is to expeditiously dispose of a controversy based on one or more compelling reasons. The below is a list of New York's grounds to dismiss a lawsuit. It closely resembles — and slightly expands upon — CPLR § 3211(a).
https://www.schlamstone.com/action-dismiss-for-failure-timely-to-serve-summons-and-complaint/
Mar 07, 2019 · CPLR 306-b requires service of process to be made within 120 days of the filing of the summons and complaint. However, a court may, in the exercise of discretion, grant a motion for an extension of time within which to effect service for good cause shown or in the interest of justice.
https://pospislaw.com/blog/2014/02/08/failure-to-attach-complaint-results-in-denial-of-motion-to-dismiss-employment-discrimination-complaint/
A recent decision from the Supreme Court, New York County, provides us with a practice tip: when making a motion to dismiss based on an alleged pleading - such as under CPLR 3211(a)(7) - be sure to attach a copy of the challenged pleading. In Anderson v. City of New York, plaintiff alleged race a
https://law.justia.com/cases/new-york/other-courts/2018/2018-ny-slip-op-51229-u.html
Defendant's motion to dismiss plaintiff's complaint pursuant to CPLR § 3211(a)(7) is denied. Generally, the standard of review on a motion to dismiss, pursuant to CPLR § 3211(a)(7), is "whether the pleading states a cause of action, and if from its four corners factual allegations are discerned which taken together manifest any cause of ...
https://law.justia.com/cases/new-york/other-courts/2012/2012-ny-slip-op-51470-u.html
In analyzing defendants' motion to dismiss pursuant to CPLR 3211(a)(1) and (7), the court finds it is more efficient to determine whether the complaint states a cognizable cause of action before considering whether the defendants' documentary evidence supports dismissal of the complaint (see e.g. Fils-Aime v.
https://empirejustice.org/wp-content/uploads/2018/08/Outline-Motion-Practice-8-17-18.pdf
Aug 17, 2018 · The court the court denied defendants' CPLR 3211(a)(7) motion to dismiss as “procedurally deficient” under CPLR 2214(c) even though the party opposing the motion did attach a copy of the complaint to the responding papers. NOTE that CPLR § 3212 governing motions for summary judgment requires that the complaint be attached to the motion.
http://barnespc.com/news-ultimate-remedy-failure-disclose.php
The CPLR 3126(3) motion to strike a pleading is premised upon establishing a willful failure to disclose; obviously, a movant’s regular and documented efforts to coax compliance must found the motion. Opposition to a CPLR 3126 motion is often premised upon a misunderstanding regarding disclosure obligations, arguing that violation of an order ...
https://www.dec.ny.gov/hearings/109905.html
Apr 14, 2017 · See Pre-Hearing Schedule Memorandum of Chief Administrative Law Judge James T. McClymonds dated June 2, 2016. Respondents served a motion to dismiss the Administrative Complaint on July 21, 2016. On August 25, 2016, Department staff served papers in opposition to the motion to dismiss, and a motion to amend the Administrative Complaint.
https://fhnylaw.com/court-addresses-question-concerning-filing-papers-proceedings-cplr-last-day-file-falls-weekend-holiday/
Mar 25, 2019 · Defendants moved to dismiss on the following grounds: (1) the statute of limitations as set forth in CPLR § 214(5) expired prior to the filing of the action; and (2) Plaintiffs did not effectuate service of the summons and complaint, and file the corresponding affidavits of service, in compliance with CPLR § …
https://drdiekman.blogspot.com/2017/01/cplr-3211-motions-to-dismiss.html
Jan 23, 2017 · Practice point: On a motion to dismiss a complaint pursuant to CPLR 3211(a)(7), the court must accept the facts as alleged in the complaint as true, accord plaintiffs the benefit of every possible favorable inference, and determine only whether the facts …
https://www.fklaw.com/newsroom-publications-20.html
Nov 17, 2016 · It is straightforward to calculate the earliest potential return date of a motion for summary judgment in lieu of complaint where it is served by personal delivery within New York. In that case, pursuant to CPLR 320(a), the motion must be returnable at …
https://www.michaels-smolak.com/files/UntimelyServiceOf.pdf
Federal Rule of Civil Procedure Rule 4(m) served as a model for the new CPLR § 306-b. As under the Federal rule, CPLR 306-b gives Courts discretion to grant an extension on the time for service even when the motion is brought after the original 120 days for service has expired (see, Practice Review
https://ag.ny.gov/sites/default/files/press-releases/2012/Plaintiffs%27%20Memo%20of%20Law%20in%20Opposition%20to%20Defendants%27%20Motion%20to%20Dismiss%20the%20Verified%20Complaint%20%28May%2022%2C%202012%29.pdf
is, first, a motion to dismiss, where the well-pleaded facts of the Complaint are deemed true, and the sole issue is the sufficiency of the pleaded causes of action. Defendants disregard this basic axiom, absurdly pretending that the Complaint's highly detailed factual allegations should be
http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1969&context=lawreview
CPLR 3211(a) specifies the grounds upon which a motion to dismiss a cause of action may be made,' while the mechanical re-solution. I Under CPLR 3211, any party to a lawsuit may move to dismiss any cause of action or defense, asserted against it in a complaint, counterclaim, cross-claim, third-party complaint, or any responsive pleading. See
https://www.law.com/newyorklawjournal/almID/1202715428193/Use-of-Affidavits-on-CPLR-3211a7-Motion/
Use of Affidavits on CPLR 3211(a)(7) Motion In his New York Practice column, Patrick M. Connors writes: When a defendant makes a pre-answer motion to dismiss under CPLR 3211(a)(7) for failure to ...
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