Motion to Dismiss: Making and Opposing the Motion (NY)

Summary

This practice note discusses key considerations for motions to dismiss in New York State Supreme Court. It reviews the complexities of N.Y. C.P.L.R. § 3211, including why and when to file a motion to dismiss, the grounds you can use to support it, the form your motion should take, and the implications of moving, such as waiver of certain defenses. This note also reviews your options when faced with a motion to dismiss and the court's possible decisions, as well as corrective motions.