How long do you have to respond to a motion to dismiss in New York?

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If a motion to dismiss is denied, the defendant must serve its answer within 10 days after service of a notice of entry of the order determining the motion. Only one motion to dismiss is permitted under CPLR § 3211(a).

Does a motion to dismiss stay discovery in NY?

Stay of Discovery Unless the Court orders otherwise, once a notice of Motion to Dismiss is served, all discovery in the case is stayed until “determination of the motion.”

When can you file a motion to dismiss New York?

A motion to dismiss based on the following grounds can be made at any time: Lack of subject matter jurisdiction (CPLR 3211(a)(2)). Failure to state a claim (CPLR 3211(a)(7)). Failure to join an indispensable party (CPLR 3211(a)(10)).

How do you respond to a dismissal?

To sustain the original complaint, the plaintiff is obliged to respond to a Motion to Dismiss.

Carefully Read the Motion to Dismiss.
Draft a Response to the Motion to Dismiss.
Try to Show the Jurisdiction is Proper.
Cite the Laws That Support Your Claim to Relief.
Prove That the Venue is Proper.

Is a motion to dismiss a responsive pleading New York?

Based on the statute’s language and the legislative history, we conclude that a determination that a motion to dismiss is a responsive pleading is contrary to the statute.

Can I go against a court order?

A court order is legally binding. Failure to comply with the court order amounts to contempt of court and a person can, as a last resort, be committed to prison for contempt.

Is a motion to dismiss a responsive pleading in New York?

Does Summary Judgment motion stay discovery New York?

Stay of Discovery Unless the Court orders otherwise, once a notice of Motion for Summary Judgment is served, all discovery in the case is stayed until “determination of the motion.” CPLR 3214(b).

What is an affirmative defense in NY?

But, CPLR 3018(b) defines “affirmative defense” robustly as: (i) any matter “which if not pleaded would be likely to take the adverse party by surprise,” or (ii) any matter which “raises issues of fact not appearing on the face of a prior pleading.” So, defenses other than those listed above have been held to be “ …

What makes a lawsuit frivolous?

A frivolous claim, often called a bad faith claim, refers to a lawsuit, motion or appeal that is intended to harass, delay or embarrass the opposition. A claim is frivolous when the claim lacks any arguable basis either in law or in fact Neitze v. Williams, 490 U.S. 319, 325 (1989).