A New York Motion to Dismiss is a request made to a court, typically by a defendant, to have a case dismissed due to a lack of evidence. It is also known as an Insufficiency Motion, and can be used when a plaintiff has not provided enough factual allegations to support the claim. The motion relies on the legal principle that a court is not obligated to hear a case that does not contain the necessary elements to make a claim. The most common type of New York Motion to Dismiss is the CPR 3211 Motion, which is based on the state’s Civil Practice Law and Rules. This motion is used to challenge the legal sufficiency of a complaint, and may be granted when the complaint fails to state a cause of action or is otherwise legally insufficient. It may also be used to challenge the legal sufficiency of affirmative defenses, counterclaims, or cross-claims. Another type of New York Motion to Dismiss is the CPR 3212 Motion. This motion is used to challenge the factual sufficiency of a complaint, and may be granted when the plaintiff’s factual allegations are insufficient to support the claim. A CPR 3212 Motion may also be used to challenge the factual sufficiency of affirmative defenses, counterclaims, or cross-claims. Finally, a New York Motion to Dismiss may also be used to challenge the jurisdiction of a court over a particular case. This motion is based on the legal principle that a court must have the proper authority to hear a case before it can do so. If the court does not have the jurisdiction to hear a case, then the motion may be granted and the case dismissed.