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This entry was published on 2014-09-22
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SECTION 1002
Motion to dismiss
Uniform Justice Court Act (UJC) CHAPTER 898, ARTICLE 10
§ 1002. Motion to dismiss.

(a) CPLR rule 3211, relating to a motion to dismiss, shall apply in
this court, except that, with reference to subdivision (e) of said rule,
a party's time to move to dismiss a cause of action contained in a
pleading to which no response is required shall be within ten days after
the service of such pleading. A motion based on paragraphs two, seven or
ten of subdivision (a) of said rule may, as provided in its subdivision
(e), be made at any time.

(b) An objection based upon § 213(a) of this act, relative to
residence or business within the municipality, shall be treated, for
purposes of this section and CPLR rule 3211, as if it were an objection
under CPLR rule 3211(a)(8), relative to the court's jurisdiction of the
person of the defendant.