What is the proper way to dismiss for jurisdiction?
You are asking the wrong question as your situation is one involving
venue and not
jurisdiction. And there is no way to have this lawsuit dismissed due to improper venue. Jurisdiction and venue are distinct terms; venue having to do with the place (city, county, borough, etc.,) where a court trial is held and conducted.
Jurisdiction has to do with the a court's authority to sit and preside over a given lawsuit. It is two-fold involving (1) having jurisdiction over the subject matter of the lawsuit, and (2) jurisdiction over the parties to the lawsuit enabling it to issue enforceable decisions affecting the rights and duties of the parties to the lawsuit
As the defendant in the lawsuit you have the
qualified right to have the venue (place of trial) of the lawsuit removed from whichever city borough where it has been filed to the appropriate court conducting business covering your place of your residence. (See: New York Civil Practice Law and Rules § 503 (f) and § 510)
I say you have "
the qualified right" to have the venue transferred as opposed to an absolute right to have the case removed because of the specific language in the NY Rule; to-wit:
"§ 510. Grounds for change of place of trial. The court, upon motion, MAY change the place of trial of an action where: 1. the county designated for that purpose is not a proper county; or 2. there is reason to believe that an impartial trial cannot be had in the proper county; or 3. the convenience of material witnesses and the ends of justice will be promoted by the change." (Noting that removal to the defendant's place of residence is not made mandatory.)
However, you must act promptly because here venue is not jurisdictional. Meaning that if your motion is not timely filed and served and/or it is denied, the court has the authority to proceed with the case.