A motion to dismiss for failure to state a cause of action argues that even if all the facts in the complaint are true, they do not amount to a legal claim.
The New York Supreme Court is the court of general jurisdiction, meaning it can hear almost any type of case, including civil matters.
In civil cases, the standard of proof is "preponderance of the evidence," which means that a party must show that their version of the facts is more likely true than not.
A defendant must respond to a summons and complaint within 30 days of service in New York.
A preliminary conference is used to facilitate discovery, set deadlines, and manage the progression of the case.
