What is the test for dismissing a motion under Rule 12(b)(1)(1) de novo?

MultiRegion, United States of America

The following excerpt is from Cnty. of Westchester v. U.S. Dep't of Hous. & Urban Dev., 778 F.3d 412 (2nd Cir. 2015):

6 We review the district court's dismissal under Rule 12(b)(1)de novo. Sharkey v. Quarantillo, 541 F.3d 75, 82 (2d Cir.2008).

7 We rely on the County's concession on this point and do not address the issue further.

7 We rely on the County's concession on this point and do not address the issue further.

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