4/10/2024 0 Comments Motion to dismiss appeal new york![]() See Village of Pomona, 838 N.Y.S.2d at 655. 5701(a)(2)(iv), and an order which “affects a substantial right,” N.Y. 3211 is both an order which both “involves some part of the merits,” N.Y. In Village of Pomona, the Second Department specifically held that an order denying defendants’ pretrial motion to dismiss a complaint under C.P.L.R. 3211(a)(5) to dismiss plaintiff’s causes of action as time-barred). 3211(a)(3) and (a)(5) to dismiss complaint for lack of standing and as time-barred) Town of Austerlitz v. The Second and Third Departments of New York’s Appellate Division have each held that orders denying defendants’ pretrial motions to dismiss the complaint under N.Y. 5701(a)(2) allows a litigant to appeal as of right from an order which “affects a substantial right.” ![]() 5701(a)(2) authorizes a party to appeal as of right from an order which “involves some part of the merits.” Subsection (v) of N.Y. set forth the broadest of the categories of orders which a litigant immediately may appeal to the Appellate Division. Manhattan, much more so than the federal courts, renders a wide variety of nonfinal orders - also called “intermediate” or “interlocutory” orders - immediately appealable without waiting for final judgment. 5701(a)(2) determines the appealability of orders, as distinguished from judgments. governs which judgments and orders of the supreme courts and county courts may be appealed, which are appealable as of right, and which require permission. The Appellate Division is New York State’s intermediate appellate court. In Manhatta, the supreme courts and county courts are courts of original instance - that is, courts in which a lawsuit begins. Section 3211 of the New York Civil Practice Law and Rules provides that a defendant may move to dismiss one or more causes of action asserted against him on a variety of grounds, including that the pleading fails to state a cause of action. In Manhattan, NYC, the defendant need not - though it may choose to - delay, until the supreme court or county court enters final judgment, appealing from that court’s order denying the defendant’s motion to dismiss the complaint. ![]() In other words, a defendant may take an interlocutory appeal to New York’s Appellate Division from an order denying the defendant’s pretrial motion to dismiss the lawsuit. 3211, is immediately appealable as of right. In the Manhattan, NYC courts, an order denying a defendant’s pretrial motion to dismiss the plaintiff’s complaint, N.Y.
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