Does a motion to dismiss include any written instrument attached to the complaint as an exhibit?
MultiRegion, United States of America
The following excerpt is from Cocoletzi v. Orly (In re Orly), Adv. P. No. 16-01020 (JLG), Case No. 15-11650 (JLG) (Bankr. S.D.N.Y. 2016):
On a motion to dismiss, "a complaint is deemed to include any written instrument attached to [the complaint] as an exhibit, materials incorporated in it by reference, and documents that, although not incorporated by reference, are 'integral' to the complaint." Sira v.
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