A motion to dismiss is a formal request (usually in a written motion) asking the court to dismiss a lawsuit or case for one of the reasons described in the relevant state or federal rule of civil procedure.

A motion to dismiss is usually filed in the early stages of the litigation and may be required before the party files any other pleading. Some of the common bases on which a case may be dismissed by the court include: (1) statute of limitations expired; (2) lack of subject-matter jurisdiction; (3) lack of personal jurisdiction; (4) improper venue; (5) insufficient process; (6) insufficient service of process; (7) failure to state a claim upon which relief can be granted; and (8) failure to join a party.

In New York, a motion to dismiss is governed by the New York Civil Practice Law and Rules (CPLR). Under CPLR Article 32, a defendant can file a motion to dismiss a case for several reasons, including but not limited to the expiration of the statute of limitations, lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, failure to state a claim upon which relief can be granted, and failure to join a necessary party. This motion is typically filed early in the litigation process, often before the defendant files an answer to the complaint. If the court grants the motion to dismiss, the case is terminated at that stage, although the plaintiff may have the right to amend the complaint or appeal the decision. It is important for parties considering such a motion to consult with an attorney to understand the specific grounds and procedural requirements for filing a motion to dismiss in New York.