Legal Opinion
Hotaling v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided July 13, 1978PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Herlihy, J.
The appellants moved for summary judgment dismissing the cross claim and the complaint as to them upon the ground of insufficiency, and in particular upon the ground that both pleadings fail to state a cause of action as to them. Ordinarily the motion to dismiss for failure to state a cause of action or to strike a cross claim would be made pursuant to CPLR 3211 prior to serving a responsive pleading; however, it is provided in CPLR 3211 (subd [e]) that such a motion may be made after service of the responsive pleading. CPLR 3211 provides in subdivision (c) that…
2Cases cited2 opinions
- Holodook v. SpencerNew York Court of Appeals · 1974
- Walski v. FormaAppellate Division of the Supreme Court of the State of New York · 1976
3Cited by9 opinions
- Yates v. Dow Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Reale v. Herco, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Wendelken v. Superior CourtArizona Supreme Court · 1983
- Crossland Savings FSB v. Rockwood InsuranceDistrict Court, S.D. New York · 1988
- Cameron v. G & H Steel Service, Inc.District Court, E.D. New York · 1980
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