CPLR 3211(a)(7): Demurrer or Merits-Testing Device?
This article will explore whether a party can challenge the merits of an adversary’s pleadings under CPLR 3211(a)(7), which allows a defendant to submit affidavits in support of its motion to dismiss. The extensive case law regarding the effect of a defendant’s affidavits on a CPLR 3211(a)(7) motion is not consistent. This article will review both the law prior to CPLR 3211 and the legislative history of CPLR 3211, survey the case law construing CPLR 3211(a)(7), and provide a picture of the current state of the law on this subject.
