What is the test for appeal from a dismissal of a complaint pursuant to Rule 12(b)(6) de novo?

MultiRegion, United States of America

The following excerpt is from Tang v. Visnauskas, 20-62-cv (2nd Cir. 2021):

We review the dismissal of a complaint pursuant to Rule 12(b)(6) de novo. See Forest Park Pictures v. Universal Television Network, 683 F.3d 424, 429 (2d Cir. 2012). And while we review the denial of a motion for reconsideration for abuse of discretion, "[w]e generally treat an appeal from a denial of a motion for reconsideration that largely renews arguments previously made in the underlying order as bringing up for review the underlying order or judgment." Van Buskirk v. United Grp. of Cos., Inc., 935 F.3d 49, 52-53 (2d Cir. 2019).

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