Section 1002. Motion to dismiss  


Latest version.
  • (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 city, 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.