New York Law Notes
Every court-day a newly decided Appellate Division case, with practice points and student notes.
Tuesday, December 13, 2011
Practice point: CPLR 3211(b) authorizes a plaintiff to move, at any time, to dismiss a defendant's affirmative defense on the ground that it has no merit.
Student note: In moving to dismiss an affirmative defense, the plaintiff bears the burden of demonstrating that it is without merit as a matter of law.
Coyle v. Lefkowitz
, NY Slip Op 08721 (2d Dept. 2011).
Here is the decision.
Tomorrow’s issue: Depositions.
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