On April 10, 2026, Justice Bannon of the New York County Commercial Division issued a decision in KHCA Funding LLC v. Versity Invest, LLC, 2026 NY Slip Op. 31536(U), holding that a party may not move to dismiss a claim that was not asserted against it, explaining:
In MOT SEQ 009, Nelson purportedly moves to dismiss the fourth through eleventh causes of action pursuant to CPLR 3211(a)(3) and (a)(7). Of these claims, the fourth, seventh, tenth, and eleventh causes of action are not asserted against him. A defendant may only move to dismiss a cause of action if that cause of action is actually asserted against the moving defendant.
(Internal quotations and citations omitted).