Skip to main content
· 5/5/1977

In re the Estate of Meisler

Citations

  • 90 Misc. 2d 300
  • 394 N.Y.S.2d 384
  • 1977 N.Y. Misc. LEXIS 2045

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that at the motion to dismiss stage, courts may not consider “[f]actual claims and assertions raised by a defendant”
  • utilizing, on an appeal from a motion to dismiss, a 71 “motivating factor” standard under Title IX without addressing Nassar or other Supreme Court precedent
  • stating a motion to dismiss is not the proper place to resolve factual disputes
  • “[A] court must ‘accept all factual allegations in the complaint as true and view them in the light most favorable to the plaintiff.””’
  • “When the truth of facts in an ‘integral’ document are contested by the well-pleaded facts of a complaint, the facts in the complaint must prevail.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Midonick

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.