The following excerpt is from Molinelli v. Tucker, 901 F.2d 13 (2nd Cir. 1990):
Because this appeal is taken from the denial of a Rule 12(b)(6) motion to dismiss, we accept the factual allegations in the complaint as true. Frazier v. Coughlin, 850 F.2d 129 (2d Cir.1988).
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