Motion to Dismiss in New York State Supreme Court: Motion, Opposition, and Possible Outcomes

by Practical Law Litigation

A Practice Note that outlines the key issues for litigators to consider when making or opposing a motion to dismiss in New York State Supreme Court under Civil Practice Law and Rules (CPLR) 3211. This Practice Note explains what a motion to dismiss is, the strategic reasons for filing one, and the procedural requirements, including crucial timing considerations and the single motion rule. It details the specific grounds for moving to dismiss a cause of action under CPLR 3211(a), such as documentary evidence or failure to state a cause of action, and for dismissing a defense under CPLR 3211(b). This resource also addresses critical topics like the waiver of certain defenses, including lack of personal jurisdiction, and discusses the various options for opposing a motion to dismiss and the possible outcomes. Additionally, this Practice Note provides guidance on related corrective motions that can be made under CPLR 3024 and CPLR 3014, such as motions for a more definite statement or to strike scandalous matter.