Appellate Division of the Supreme Court of New York, 2011

Burnham v. Brenna

Burnham v. Brenna
Appellate Division of the Supreme Court of New York · Decided July 5, 2011
86 A.D.3d 537; 926 N.Y.2d 326
Burnham v. Brenna

Opinion of the Court

*538The father moved to dismiss the mother’s motion pursuant to CPLR 2221 to renew her prior motion and for an award of an attorney’s fee. The Family Court properly denied the father’s motion, because a motion to dismiss pursuant to CPLR 3211 may be directed only against a cause of action or a defense, not a motion (see CPLR 3211 [a], [b]). Here, the proper response to the mother’s motion would have been to submit opposition papers (see CPLR 2214 [b]). Skelos, J.E, Balkin, Leventhal and Lott, JJ., concur.

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