Burnham v. Brenna

Appellate Division of the Supreme Court of New York

Burnham v. Brenna

86 A.D.3d 537, 926 N.Y.2d 326

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 5, 2011

StatusPublished

This text of 86 A.D.3d 537 (Burnham v. Brenna) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burnham v. Brenna, 86 A.D.3d 537, 926 N.Y.2d 326 (N.Y. Ct. App. 2011).

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Opinion

[538]*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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[538]*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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Bluebook (online)

86 A.D.3d 537, 926 N.Y.2d 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burnham-v-brenna-nyappdiv-2011.