Use this New York Supreme Court Motion to Dismiss introduction for an overview of Motions to Dismiss in New York Supreme Courts. For a full treatment, including local rules and requirements, see the SmartRules New York Supreme Court Guides for Motion to Dismiss, Response to Motion to Dismiss, and Reply in Support of Motion to Dismiss.
Motions to Dismiss in New York State Courts
Timing
Timing requirements, including briefing schedules and specifics to the Commercial Division, are very specific and are addressed in detail in SmartRules’ guides.
Requirements
SmartRules guides address the following requirements in detail:
- Commercial Division Pre-Motion Teleconferences
- Motion to Dismiss Available to Any Plaintiff or Defendant
- Grounds for Motion to Dismiss a Claim
- Grounds for Motion to Dismiss a Defense
- Number of Motions Permitted
- Individual Judges’ Rules
- Discovery Related Relief
- Where Motion is Made
- Procedure for Unassigned Cases
- Cross-Motions
- Prior Motions
- Transfer of Motions
- Trial of Issue Raised on Motion
- Stay of Discovery
- Discovery Stay Exceptions
- Captions
- Moving Paper Requirements
- Notice of Motion
- Signature Requirements
- Formatting Requirements
- Request for Judicial Intervention
- Filing and Service Requirements
- Oral Arguments
- Motion Calendar Calls
- Defaults
- Adjournments
- 60-Day Rule
- Proposed Orders
- Immediate Trial of Issues Raised in Motion
All of the above requirements, including the specific and detailed requirements of the Commercial Division, are addressed in full in SmartRules guides.
Preview of Motion to Dismiss Guide
