Is incorporation by reference applicable in a motion to dismiss?
MultiRegion, United States of America
The following excerpt is from Salim v. Nisselson (In re Big Apple Volkswagen, LLC), Adv. Proc. No. 15-01408 (JLG), Case No. 11-11388 (JLG) (Bankr. S.D.N.Y. 2016):
as any documents that are "integral" to the complaint.). For incorporation by reference to be applicable, a "[c]omplaint must make a clear, definite and substantial reference" to the document sought to be relied on in determining the motion to dismiss. Helpin v. Harcourt, 277 F. Supp. 2d 327, 330-31 (S.D.N.Y. 2003).
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