What is the test for a de novo review to a dismissal of a complaint for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from D'Alessandro v. City of N.Y., 17-594-cv (2nd Cir. 2017):
We give de novo review to a district court's dismissal of a complaint for failure to state a claim. Pruter v. Local 210's Pension Tr. Fund, 858 F.3d 753, 759 (2d Cir. 2017). In conducting this review, we assume all of the complaint's factual allegations to be true, and "draw[] all
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