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

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

A Practice Note outlining the key issues to consider when making a motion to dismiss in New York State Supreme Court under Civil Practice Law and Rules (CPLR) 3211. Specifically, this Note explains what a motion to dismiss is, when and why a party can move to dismiss, the grounds for a motion to dismiss, options for opposing a motion to dismiss, and possible outcomes. This Note also outlines corrective motions that can be made in response to a pleading under CPLR 3024 (for a more definite statement and to strike scandalous or prejudicial matter) and CPLR 3014 (to separately state and number the allegations in a pleading).

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

by Practical Law Litigation
MaintainedNew York
A Practice Note outlining the key issues to consider when making a motion to dismiss in New York State Supreme Court under Civil Practice Law and Rules (CPLR) 3211. Specifically, this Note explains what a motion to dismiss is, when and why a party can move to dismiss, the grounds for a motion to dismiss, options for opposing a motion to dismiss, and possible outcomes. This Note also outlines corrective motions that can be made in response to a pleading under CPLR 3024 (for a more definite statement and to strike scandalous or prejudicial matter) and CPLR 3014 (to separately state and number the allegations in a pleading).