Alexander v. New York Community Bancorp, Inc.

Nevada Supreme Court

Alexander v. New York Community Bancorp, Inc.

DecidedSeptember 20, 2013

Docket60592

StatusUnpublished

This text of Alexander v. New York Community Bancorp, Inc. (Alexander v. New York Community Bancorp, Inc.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alexander v. New York Community Bancorp, Inc., (Neb. 2013).

Pincite

Opinion

the light most favorable to the plaintiff. Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 228, 181 P.3d 670, 672 (2008). We are not required, however, "to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged." Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004). Here, appellant's complaint provided no factual support for her legal conclusion that her debt to NYCB had been discharged—i.e., that her debt had been "set-off. . . pursuant to public policy." We have thoroughly reviewed appellant's proper person appeal statement and the record on appeal and are unable to discern any facts that would support appellant's stance. To the contrary, the documents submitted by respondents along with their motion to dismiss demonstrate that appellant's debt was not discharged and that NYCB holds valid title to the subject property. Cf. Breliant v. Preferred Equities Corp., 109 Nev. 842, 847, 858 P.2d 1258, 1261 (1993) (indicating that publicly recorded documents may be considered in ruling on a motion to dismiss). Thus, we conclude that the district court properly dismissed appellant's complaint. NRCP 12(b)(5). We have considered appellant's other allegations of error and conclude that these allegations do not warrant reversal of the district court's order. Accordingly, we ORDER the judgmeat of the district court AFFIRMED.

Gibbons

. J. Douglas Saitta

2 cc: Hon. Ronald J. Israel, District Judge Kelly Innsbruck Alexander Pite Duncan, LLP Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A

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the light most favorable to the plaintiff. Buzz Stew, LLC v. City of N. Las Vegas, 124 Nev. 224, 228, 181 P.3d 670, 672 (2008). We are not required, however, "to accept legal conclusions cast in the form of factual allegations if those conclusions cannot reasonably be drawn from the facts alleged." Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir. 2004). Here, appellant's complaint provided no factual support for her legal conclusion that her debt to NYCB had been discharged—i.e., that her debt had been "set-off. . . pursuant to public policy." We have thoroughly reviewed appellant's proper person appeal statement and the record on appeal and are unable to discern any facts that would support appellant's stance. To the contrary, the documents submitted by respondents along with their motion to dismiss demonstrate that appellant's debt was not discharged and that NYCB holds valid title to the subject property. Cf. Breliant v. Preferred Equities Corp., 109 Nev. 842, 847, 858 P.2d 1258, 1261 (1993) (indicating that publicly recorded documents may be considered in ruling on a motion to dismiss). Thus, we conclude that the district court properly dismissed appellant's complaint. NRCP 12(b)(5). We have considered appellant's other allegations of error and conclude that these allegations do not warrant reversal of the district court's order. Accordingly, we ORDER the judgmeat of the district court AFFIRMED.