Legal Question in Civil Litigation in New York

pre-answer affifdavit

Does affidavit in support of motion to dismiss for failure to state a cause of action count as an admission or denial of issues presented in the complaint?

specifically, what about issues in the complaint not referenced at all(let alone by an admission or denial) in the affidavit?


Asked on 8/06/07, 3:22 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: pre-answer affifdavit

Not usually. Unless the affidavit contains language to the contrary, all the motion says is that even if the allegations in the complaint were deemed to be true, it would still not constitute anything for which damages would be payable by the defendant.

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Answered on 8/06/07, 4:31 pm


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