December 1, 2023

Motions to dismiss.

A pre-answer motion to dismiss may properly be denied where "facts essential to justify opposition may exist but cannot then be stated," pursuant to CPLR 3211 [d].

Ark 357 Doe v. Jesuit Fathers and Bros., NY Slip Op 05975 (1st Dep't November 21, 2023)

Here is the decision.