The following excerpt is from King v. Simpson, 189 F.3d 284 (2nd Cir. 1998):
Appellate review of a grant of dismissal for failure to state a claim is de novo. See Bernheim v. Litt, 79 F.3d 318, 321 (2d Cir. 1996). The court may not
Page 287
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.