Posted on August 24, 2011
This article was originally published in the New York State Bar Association Journal, Volume 83 No. 2, Feb. 2011. A motion to dismiss under Civil Practice Law and Rules 3211 can have significant and different consequences concerning a party’s ability to answer opposing pleadings, in both actions and special proceedings under the CPLR. This article addresses procedural distinctions in the CPLR, and related progeny of case law, between actions, special proceedings under CPLR article 4, and special proceedings under CPLR article 78, relevant to the possible, but significant, impact that a motion to dismiss may have on the ability to respond to pleadings.