On November 14, 2024, the First Department issued a decision in 2497 Realty Corp. v. Fuertes, 2024 NY Slip Op. 05624, holding that a motion to dismiss may be made after a defendant answers, explaining:
Contrary to plaintiff’s claim, the Individual Defendants’ motion did not violate the single motion rule because defendants’ prior motion to dismiss was not decided on the merits. As for the fact that all defendants answered the amended complaint, CPLR 3211(e) says, A motion based upon a ground specified in paragraph seven of subdivision (a) may be made at any time after service of the responsive pleading is required.
(Internal quotations and citations omitted).