CPLR 3211(e) states that, "At any time before service of the responsive pleading is required, a party may move on one or more of the grounds set forth in subdivision (a), and no more than one such motion shall be permitted." A second motion to dismiss is permitted where the movant takes its cue from the court's earlier decision to supply evidence that was found lacking on the first motion. Here, the Appellate Division held that the arguments relating to the application of the statute of limitations are barred by the single motion rule. Defendants-appellants previously moved to dismiss the fourth and fifth causes of action in the Second Amended Complaint, which are the exact same fourth and fifth causes of action asserted in the Third Amended Complaint.
Simon v. FrancInvest, S.A., NY Slip Op 01733 (1st Dep't March 23, 2021)
