How do you get evidence into a solo CPLR 3211 (a)(7) motion that proves a plaintiff committed perjury in an affidavit of support

Dear LIC Litigant: You do not "prove perjury" in a motion to dismiss. A party seeking a judgment dismissing a complaint on a ground of failing to state a cause of action will almost always likely loss since the plaintiff is afforded the right to have the allegations of fact made in the pleading accepted as true. The court is not fact finding on a motion to dismiss and is not making a determination of credibility. You surely cannot prove a claimed fact is a "lie" in order to "prove" the complaint did not state a cause of action. Evidence never gets in by itself. A supporting affidavit is essential to link the exhibited document to an argument made in the affidavit supporting the motion to dismiss. I believe I answered another question you had tonight about your school project and if your questions are found on you may fail the class. In practice, a party is allowed a chance to seek an order for accelerated judgment dismissing a complaint or a petition in advance of serving an answer to the underlying complaint or petition. Some grounds for an order dismissing a complaint or petition survive an initial motion to dismiss, and are preserved at: ">>>A motion based upon a ground specified in paragraph two, seven or ten of subdivision (a) may be made at any subsequent time or in a later pleading, if one is permitted;>>."- See more at: http://codes.lp.findlaw.com/nycode/CVP/32/3211#... You may have blundered when you did not oppose the motion for summary judgment with an affidavit establishing material facts in dispute and you surely may have exercised the chance for a cross motion if you wanted to argue the lack of a cause of action. You surely had a chance to articulate the lack of a cause of action in opposing summary judgment even if you did not cross move. I do not want to mislead you in your home work and term paper. You have all the information for your assignment and I do not; and in any case, I do not want you to cheat.