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 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.