motions

Question 1

motion for failure to state a cause of action

Answer 1

under the CPLR, a P states a valid cause of action if, on its face, the P’s complaint states any valid grounds for relief under the substantive law; the standard is liberal.

Question 2

motion for SJ

Answer 2

under the CPLR, a party will be granted SJ if there is no triable issue of fact and moving party is entitled to judgment as a matter of law.