Civil Practice Law And Rules
R 3211.
Motion to dismiss., NY CLS CPLR R 3211
Summary
(a) Motion to Dismiss Cause of Action. A party may move for judgment dismissing one or more causes of action asserted against him on the ground that:
1.a defense is founded upon documentary evidence; or
2.the court has not jurisdiction of the subject matter of the cause of action; or
3.the party asserting the cause of action has not legal capacity to sue; or
4.there is another action pending between the same parties for the same cause of action in a court of any state or the United States; the court need not dismiss upon this ground but may make such order as justice requires; or
5.the cause of action may not be maintained because of arbitration and award, collateral estoppel, discharge in bankruptcy, infancy or other disability of the moving party, payment, release, res judicata, statute of limitations, or statute of frauds; or
6.with respect to a counterclaim, it may not properly be interposed in the action; or
7.the pleading fails to state a cause of action; or