CPLR 404 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 403 Notice of petition; service; order to show cause up ARTICLE 4 Special Proceedings next SECTION 405 Correction of defects in papers Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 404 Objections in point of law Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 4 § 404. Objections in point of law. (a) By respondent. The respondent may raise an objection in point of law by setting it forth in his answer or by a motion to dismiss the petition, made upon notice within the time allowed for answer. If the motion is denied, the court may permit the respondent to answer, upon such terms as may be just; and unless the order specifies otherwise, such answer shall be served and filed within five days after service of the order with notice of entry; and the petitioner may re-notice the matter for hearing upon two days' notice, or the respondent may re-notice the matter for hearing upon service of the answer upon seven days' notice. (b) By petitioner. The petitioner may raise an objection in point of law to new matter contained in the answer by setting it forth in his reply or by moving to strike such matter on the day the petition is noticed or re-noticed to be heard.