Legal Opinion
Bronx-Lebanon Hospital Center v. Daines
Appellate Division of the Supreme Court of the State of New York
Decided December 20, 2012Published
1Opinion of the CourtMcCarthy, J.
*1432Initially, CPLR 7804 (f) provides that an objection in point of law in a special proceeding may be raised in the answer or a pre-answer motion to dismiss. Petitioner incorrectly argues that, when considering respondents’ pre-answer motion to dismiss, Supreme Court should not have looked beyond the petition itself, and not considered any affidavits or exhibits submitted by respondents. While that may be the rule for a motion to dismiss on the ground of failure to state a cause of action (see Matter of Albany Law School v New York State Off. of Mental Retardation & Dev. Disabilities, 81 AD3d…
2Cases cited9 opinions
- New York State Ass'n of Counties v. AxelrodNew York Court of Appeals · 1991
- Albany Law School v. New York State Office of Mental Retardation & Developmental DisabilitiesNew York Court of Appeals · 2012
- Consolation Nursing Home, Inc. v. Commissioner of New York State Department of HealthNew York Court of Appeals · 1995
- Feldman v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 2005
- Westchester Medical Center v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
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