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.
Case: Coyle v. Lefkowitz, NY Slip Op 08721 (2d Dept. 2011).
