Second Circuit· 9/11/1991
Allen v. Westpoint-Pepperell, Inc.
Citations
- 945 F.2d 40
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that consideration on a motion to dismiss is limited to facts on face of the complaint
- citing, inter alia, Channel Master Corp. v. Aluminum Ltd. Sales, Inc., 4 N.Y.2d 403, 406-07, 176 N.Y.S.2d 259, 151 N.E.2d 833, 835 (1958)
- the court may dismiss a claim on motion to dismiss only where it “appears beyond doubt” that the plaintiff can prove no facts that would entitle him to relief
- “An action for recision must be initiated without unreasonable delay”
- applying Rule 9(b) to rescission claims
Source: CourtListener parenthetical corpus (CC0).
Judges: Cardamone, Mahoney, Miner
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