#Motion to dismiss new york sample code

#Motion to dismiss new york sample code

Presumptive evidence of the status of the corporation, association, organization or trust under section 501 (c) (3) of the internal revenue code may consist of production of a letter from the United States internal revenue service reciting such determination on a preliminary or final basis or production of an official publication of the internal revenue service listing the corporation, association, organization or trust as an organization described in such section, and presumptive evidence of uncompensated status of the defendant may consist of an affidavit of the chief financial officer of the corporation, association, organization or trust. the party is immune from liability pursuant to section seven hundred twenty-a of the not-for-profit corporation law. the court should not proceed in the absence of a person who should be a party.ġ1. the court has not jurisdiction in an action where service was made under section 314 or 315 orġ0. the court has not jurisdiction of the person of the defendant orĩ. the pleading fails to state a cause of action orĨ. with respect to a counterclaim, it may not properly be interposed in the action orħ. the cause of action may not be maintained because of arbitration and award, collateral estoppel, discharge in bankruptcy, infancy or other disability of the moving party, payment, release, res judicata, statute of limitations, or statute of frauds orĦ. there is another action pending between the same parties for the same cause of action in a court of any state or the United States the court need not dismiss upon this ground but may make such order as justice requires orĥ. the party asserting the cause of action has not legal capacity to sue orĤ.

the court has not jurisdiction of the subject matter of the cause of action orģ. a defense is founded upon documentary evidence orĢ. A party may move for judgment dismissing one or more causes of action asserted against him on the ground that:ġ.