![]() As the Court of Appeals enunciated in Guggenheimer v. Essentially, the court should impose a “four corners” test in liberally construing the four corners of the pleading to see whether they establish valid causes of action. These facts amply support the causes of action alleged in the Complaint. The Complaint in this action makes factual allegations which, for the most part, have already been established by the Order. In deciding such a motion, the court must accept the facts as alleged in the Complaint as true, according the plaintiff the benefit of every possible favorable inference, and determine only whether the facts as alleged fit within any cognizable legal theory. When, as in the above example, the plaintiff’s claim does not have a legal basis, it may be disposed of early through a Motion to Dismiss.In an action, a Defendant can move to dismiss a Plaintiff’s Complaint based upon the allegation that the Complaint fails to state a cause of action, pursuant to CPLR 3211(a)(1), (5) and (7). ![]() However, there is no law against eating ice cream on your own front porch – and the offended neighbor’s lawsuit will be dismissed. For whatever reason, the person filing the complaint finds this to be intolerable. For example, one neighbor can file a claim against another neighbor for eating ice cream on their own front porch. When a complaint is legally insufficient, it may be dismissed for failure to present a claim for which relief can be granted.Īnyone can file a claim, but there may not be a law to back it up. Example: If the case involves federal jurisdiction and the claim is filed in a state court, the judge will not have the authority to pass judgment on the case. There is a lack of subject matter jurisdiction.For instance, the time limit set by law for bringing a personal injury case is two years from the date the plaintiff was injured and the plaintiff waits three years to file the case. This defense claims that the plaintiff cannot sue the defendant because it is now outside the time limit for filing the case. The statute of limitations has expired. ![]() If the circumstances require that it be filed in the county in which the defendant resides, and it was filed in a completely different county, there is no legal jurisdiction and the case must be dismissed. It’s possible that the person filing the complaint did not do so in the correct court. An attorney will be able to review this to identify any problems. If you have been served, it is important that you keep accurate notes of how it happened. Of the two, the second is the most likely.
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