What is the test for a motion to dismiss a complaint for failure to state a claim upon which relief can be granted?
MultiRegion, United States of America
The following excerpt is from Choi v. Tower Research Capital LLC, 890 F.3d 60 (2nd Cir. 2018):
"We review de novo the dismissal of a complaint for failure to state a claim upon which relief can be granted." Reich v. Lopez , 858 F.3d 55, 59 (2d Cir. 2017). "To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face. "
[890 F.3d 66]
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