2.135 - (1) State Practice

• Jurisdiction: New York

(1) State Practice

Under CPLR 3211(a), a party is permitted only one motion to dismiss, and the motion must be brought before the date on which the movant is required to serve its answer (or other responsive pleading). ¹²¹⁹

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Notes:

^[1219] . CPLR 3211(e). If a plaintiff alleges new facts in its opposition to a motion to dismiss, a defendant does not violate the single motion rule by raising “additional defenses” in its reply papers. See Held v. Kaufman, 91 N.Y.2d 425, 430, 671 N.Y.S.2d 429 (1998) (“That additional grounds for dismissal were introduced in a reply affidavit on what was a single CPLR 3211 motion...