UJCA 1002 · Article 10. Motions
Motion to dismiss
Text — Law content up to date as of December 20, 2024, as published by the New York State Senate (Open Legislation)
§ 1002. Motion to dismiss.
(a) CPLR rule 3211, relating to a motion to dismiss, shall apply in this court, except that, with reference to subdivision (e) of said rule, a party's time to move to dismiss a cause of action contained in a pleading to which no response is required shall be within ten days after the service of such pleading. A motion based on paragraphs two, seven or ten of subdivision (a) of said rule may, as provided in its subdivision (e), be made at any time.
(b) An objection based upon § 213(a) of this act, relative to residence or business within the municipality, shall be treated, for purposes of this section and CPLR rule 3211, as if it were an objection under CPLR rule 3211(a)(8), relative to the court's jurisdiction of the person of the defendant.
Source of truth
- Edition
- Law content up to date as of December 20, 2024, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/UJC1002
- Text hash
- sha256 b8db66ed40321badca1fb6db51986e478e8d278c1fc2edf0dc120b1ed190417b
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.