Motions to dismiss.

Practice point: A party may move to dismiss a defense on the ground that a defense is not stated or has no merit, pursuant to CPLR 3211[b].

Student note: In reviewing a motion to dismiss an affirmative defense, the court must liberally construe the pleadings in favor of the party asserting the defense and give that party the benefit of every reasonable inference. If there is any doubt as to the availability of a defense, it should not be dismissed.

Case: Chestnut Realty Corp. v. Kaminski, NY Slip Op 04121 (2d Dept. 2012).

Here is the decision.

Tomorrow’s issue: The quality assurance privilege.