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BUTLER v. CATINELLA

58 A.D.3d 145 (2008)

868 N.Y.S.2d 101

MARIE K. BUTLER, Respondent, v. CARMEL CATINELLA, Defendant and Third-Party Plaintiff-Appellant. WAGNER & KELLEY MANAGEMENT, INC., Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

November 18, 2008.

Attorney(s) appearing for the Case

Scott B. Schwartz, PLLC, New York City, for defendant and third-party plaintiff-appellant.

Kathy Lane, Long Beach, for respondents.

Before: LIFSON, FLORIO and CHAMBERS, JJ., concur.

OPINION OF THE COURT

RIVERA, J.P.

In the context of New York civil litigation, CPLR 3211 is a "bread and butter" statute. CPLR 3211 encompasses procedural nuances which touch upon a huge spectrum of factual and legal scenarios. On the instant appeal, we take the opportunity to reconsider whether the defense of failure to state a cause of action, a ground listed in CPLR 3211 (a) (7), may properly be interposed in an answer. In several cases, this Court has...

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