TITLE

CPLR 3211(A)(7): DEMURRER OR MERITS-TESTING DEVICE?

AUTHOR(S)
Higgitt, John R.
PUB. DATE
February 2010
SOURCE
Albany Law Review;2010, Vol. 73 Issue 1, p99
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article looks at the issue of applying the New York Civil Practice Law and Rules (CPLR) 3211 Article (a) 7, which refers to the omission of stating a cause of action by the defendant. CPLR 3211 states that the defendant has the right to file for dismissal of some or every cause of action implied against him or her before responding to the action, although CPLR 3211(a)(7) negates the statute. The article concludes that CPLR 3211(a)(7) is created to question the pleadings of the defendant, particularly not guilty pleas.
ACCESSION #
54020812

 

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