2 New York Civil Practice: CPLR P 320.04

Summary

There are two motions that extend the time to answer: a motion to dismiss one or more causes of action (CPLR 3211(a)) and a motion to correct pleadings (CPLR 3024). Each constitutes an appearance and many also constitute a general appearance if objections to jurisdiction are not timely made. See ¶¶ 3211.03–3211.05 below.

The phrase “motion which has the effect of extending time to answer” is used in CPLR 320(a) rather than the phrase “motion raising an objection to the complaint in point of law”—the phrase that was used in former C.P.A. § 237—or “a motion under CPLR 3211,” because there are motions other than the motion to dismiss under CPLR 3211 that extend the time to answer beyond 20 days after the service of the summons and that should suffice to avoid a default, e.g., a motion to correct pleadings under CPLR 3024(c).1