SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

[PLAINTIFF NAME], Index No.: [INDEX NO.]
Plaintiff, Motion Seq. No.: [SEQ. NO.]

– against – Assigned Justice: Hon. [JUDGE]
Part: [PART] – Room [ROOM]

[DEFENDANT NAME],
Defendant.

NOTICE OF MOTION TO DISMISS THE COMPLAINT
(CPLR 3211)

PLEASE TAKE NOTICE that upon the accompanying (i) Affirmation of [ATTORNEY NAME] dated [DATE], (ii) Memorandum of Law in Support, (iii) all pleadings and papers previously filed and served herein, and (iv) such oral argument as may be permitted, the undersigned will move this Court at IAS Part [PART], Room [ROOM], Courthouse located at [ADDRESS], on the [RETURN DATE] calendar of the Motion Submission Part (or on such other date as the Court may direct) at 9:30 a.m., or as soon thereafter as counsel may be heard, for an Order, pursuant to N.Y. C.P.L.R. 3211(a):

1. dismissing the Complaint in its entirety;
2. in the alternative, dismissing the [SPECIFY COUNTS] causes of action; and
3. granting such other and further relief as the Court deems just and proper.

Pursuant to N.Y. C.P.L.R. 2214(b), answering papers, if any, are to be served on or before [DATE] and reply papers, if any, on or before [DATE]. Defendant respectfully requests oral argument in accordance with 22 N.Y.C.R.R. § 202.8(f).

Dated: [CITY], New York
[DATE]

[DEFENSE FIRM NAME]
Attorneys for Defendant
By: ________
[ATTORNEY NAME]
[BAR NO.]
[ADDRESS]
Tel.: [TEL] | Email: [EMAIL]

TABLE OF MOTION PAPERS

1. Notice of Motion (this document).............................................. 1
2. Affirmation of [ATTORNEY NAME] in Support.................................... 2
3. Memorandum of Law in Support................................................ 4
4. [Proposed] Order............................................................ 15
5. Affirmation of Service...................................................... 17

AFFIRMATION OF [ATTORNEY NAME] IN SUPPORT

[Supreme Court Rule-compliant header]

I, [ATTORNEY NAME], an attorney duly admitted to practice before the courts of the State of New York, hereby affirm the following under penalty of perjury:

1. I am a Partner/Associate of [FIRM NAME], counsel for Defendant [DEFENDANT NAME] in the above-captioned matter.
2. I have personal knowledge of the facts stated herein and submit this affirmation in support of Defendant’s Motion to Dismiss the Complaint pursuant to N.Y. C.P.L.R. 3211(a)(1), (5), and/or (7).
3. Annexed hereto as Exhibit A is a true and correct copy of the [DOCUMENTARY EVIDENCE] upon which this motion relies.
4. Annexed hereto as Exhibit B is a true and correct copy of the [COMPLAINT/PLEADING].
5. No previous application for the relief requested herein has been made to this or any other court.

WHEREFORE, for the reasons set forth in the accompanying Memorandum of Law, Defendant respectfully requests that the Court grant the relief sought in the Notice of Motion.

Dated: [CITY], New York
[DATE]

[ATTORNEY NAME]

[// GUIDANCE: Attach additional exhibits consecutively lettered (C, D, etc.). Ensure all exhibits are clearly tabbed and electronically bookmarked if filing via NYSCEF.]

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS

TABLE OF CONTENTS

1. Preliminary Statement............................................................ 4
2. Procedural History and Statement of Facts........................................ 5
3. Applicable Standard of Review.................................................... 7
4. Argument......................................................................... 8
   4.1 Dismissal Under CPLR 3211(a)(1) – Documentary Evidence....................... 8
   4.2 Dismissal Under CPLR 3211(a)(5) – Statute of Limitations.................... 10
   4.3 Dismissal Under CPLR 3211(a)(7) – Failure to State a Cause of Action........ 12
5. Conclusion....................................................................... 14

1. Preliminary Statement

[Concise summary—two to three paragraphs—explaining why the Complaint is legally defective.]

2. Procedural History and Statement of Facts

• On [DATE], Plaintiff filed the Complaint (Ex. B).
• The allegations arise from [BRIEF FACTUAL OVERVIEW].
• Defendant respectfully incorporates by reference all defined terms used in the Complaint for purposes of this motion only and without admission.

[// GUIDANCE: Keep fact section strictly limited to facts appearing on the face of the pleadings or documentary evidence; do not create evidentiary disputes at the pleading stage.]

3. Applicable Standard of Review

Under N.Y. C.P.L.R. 3211, the Court must accept the Complaint’s factual allegations as true, accord Plaintiff the benefit of every possible inference, and determine only whether the allegations fit within any cognizable legal theory. However, conclusory statements lacking factual support are not entitled to such deference, and documentary evidence that conclusively disposes of a claim warrants dismissal as a matter of law. N.Y. C.P.L.R. 3211(a)(1), (7).

4. Argument

4.1. Dismissal Under CPLR 3211(a)(1) – Documentary Evidence
The [CONTRACT/INSTRUMENT] (Ex. A) is a “documentary” instrument for CPLR purposes and conclusively refutes Plaintiff’s allegations by [EXPLANATION]. Therefore, dismissal is required.

4.2. Dismissal Under CPLR 3211(a)(5) – Statute of Limitations
Plaintiff’s claim accrued on [DATE]. The applicable [STATUTE] limitations period is [NUMBER] years. Because Plaintiff commenced this action on [FILING DATE], the claim is time-barred as a matter of law. N.Y. C.P.L.R. 3211(a)(5).

4.3. Dismissal Under CPLR 3211(a)(7) – Failure to State a Cause of Action
Even assuming arguendo the truth of Plaintiff’s allegations, the Complaint fails to plausibly allege [ELEMENT]. Conclusory allegations such as “[QUOTE]" are insufficient under CPLR 3013.

5. Conclusion

For the foregoing reasons, the Complaint should be dismissed in its entirety with prejudice, together with such other and further relief as the Court deems just and proper.

Dated: [CITY], New York
[DATE]

[DEFENSE FIRM NAME]
By: ________
[ATTORNEY NAME]

[PROPOSED] ORDER

text
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF [COUNTY]
-----------------------------------------------------------------X
[PLAINTIFF NAME],
Plaintiff, Index No. [INDEX NO.]

– against – ORDER

[DEFENDANT NAME],
Defendant.
-----------------------------------------------------------------X
Upon the foregoing papers and after due deliberation, it is hereby

ORDERED that Defendant’s motion to dismiss the Complaint pursuant to N.Y. C.P.L.R. 3211 is GRANTED in its entirety; and it is further

ORDERED that the Complaint is dismissed with prejudice; and it is further

ORDERED that the Clerk shall enter judgment accordingly; and it is further

ORDERED that [any additional relief].

ENTER:
Dated: _____, 20__

J.S.C.

[// GUIDANCE: Modify relief paragraphs to match specific dismissal grounds. If partial dismissal is sought, adjust ordering paragraphs accordingly.]

AFFIRMATION OF SERVICE

I, [NAME], declare under penalty of perjury that on [DATE] I served a true copy of the foregoing Motion to Dismiss, together with all supporting papers, by (☐ NYSCEF electronic filing | ☐ overnight courier | ☐ personal delivery | ☐ first-class mail) upon:

1. [PLAINTIFF COUNSEL NAME & ADDRESS]

Service was effected in accordance with N.Y. C.P.L.R. 2103(b) and the Electronic Filing Rules.
Executed on [DATE] at [CITY], New York.

[SIGNATURE]
[NAME & TITLE]

CHECKLIST FOR NEW YORK MOTION PRACTICE COMPLIANCE

[// GUIDANCE: Delete upon finalization]
☐ Conformity with individual judge’s rules (word limits, tabbing, courtesy copies).
☐ All exhibits labeled and electronic bookmarks created.
☐ Affirmation of Good Faith (if required under 22 N.Y.C.R.R. § 202.7).
☐ Oral argument request included in Notice of Motion header.
☐ Return date compliant with 2214(b) (at least 20 days plus 5 for mail, unless stipulating).
☐ Proposed Order uploaded separately in NYSCEF as “Proposed Order to Show Cause – Other.”
☐ Service on unrepresented parties via hard copy if not e-filed.

[END OF TEMPLATE]