Where a cause of action is preempted by federal law, a party may move pursuant to CPLR 3211(a)(2) to dismiss the cause of action on the ground that the court lacks subject matter jurisdiction. Preemption can occur in any one of three ways: where Congress has expressly preempted state law; where Congress has legislated so comprehensively that federal law occupies an entire field of regulation and leaves no room for state law; and where federal law conflicts with state law.
Astro Ready Mix, LLC v. MTA Long Is. R.R., NY Slip Op 03324 (2d Dep't June 21, 2023)
