Current through 2024 NY Law Chapter 456
Section 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.N.Y. Uniform Justice Court § 1002