The following excerpt is from Cipolloni v. City of N.Y., 18-1765-cv (2nd Cir. 2018):
"We review de novo the grant of a Rule 12(b)(6) motion to dismiss for failure to state a claim, accepting all factual allegations as true and drawing all reasonable inferences in favor of the plaintiff." Montero v. City of Yonkers, 890 F.3d 386, 394 (2d Cir. 2018). "To survive a motion to dismiss, a complaint must contain sufficient
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factual matter, accepted as true, to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (internal quotation marks omitted). A claim is plausible where it allows the court to "draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. This requires "more than a sheer possibility that a defendant has acted unlawfully." Id. Moreover, pleading facts consistent with a defendant's liability or "[t]hreadbare recitals of the elements of a cause of action, supported by merely conclusory statements, do not suffice." Id.
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