seedling
planted 2026-03-08 · tended 2026-03-08
unverified — check
Placeholder note
The table is a skeleton to be filled and checked, not a statement of law. [draft — Peter to write]
The same motion — “dismiss this complaint” — behaves differently depending on which courthouse you are standing in. This note keeps the two straight.
see also
The federal side of this comparison lives in the FRCP 12(b)(6) note.
| Question | CPLR 3211 (NY state) | FRCP 12(b) (federal) |
|---|---|---|
| Pleading standard on the papers | notice-style; every inference to plaintiff | Twombly / Iqbal plausibility |
| Can you use affidavits? | yes, more freely | generally no, or it converts to summary judgment |
| Timing / consequences | [draft — Peter to write] | [draft — Peter to write] |
Everything in that table is provisional until each cell is checked against the rule text and a current case.1
Why the difference matters in practice
[draft — Peter to write] — the strategic consequence of the affidavit rule, and why forum selection is really a pleading-standard choice.
Footnotes
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Every cell above is an assertion to verify against the CPLR, the Federal Rules, and controlling cases before publishing. [unverified — check] ↩