· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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