A defendant's CPLR 3211 (a) (11) motion to dismiss the complaint must be made before service of the answer. The inclusion of a statutory defense in the answer neither preserves nor extends the time within which to make a dismissal motion. Supreme Court, therefore, was correct in denying the motions made in this case on behalf of the individual defendants who asserted immunity from liability as unpaid directors of not-for-profit corporations...
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