judicial notice. Blue Tree Hotels Inv. (Canada), Ltd. v. Starwood Hotels & Resorts Worldwide, Inc., 369 F.3d 212, 217 (2d Cir.2004); Chambers v. Time Warner, Inc., 282 F.3d 147, 153 (2d Cir.2002). The court also considers documents not attached to the complaint or incorporated by reference, but “upon which [the complaint] solely relies and which [are] integral to the complaint.” Roth v. Jennings, 489 F.3d 499, 509 (2d Cir.2007) (internal quotation marks omitted; emphasis in original) (quoting Cortec Industries, Inc. v. Sum Holding L.P., 949 F.2d 42, 47 (2d Cir.1991)); see also Kalin v. Xanboo, Inc., No. 04 Civ. 5931(RJS), 2009 WL 928279, at *8 (S.D.N.Y. Mar.30, 2009) (Sullivan, J.); Grubin v. Rattet (In re Food Mgmt. Group, LLC), 380 B.R. 677, 690 (Bankr. S.D.N.Y.2008) (“Food Mgmt.”) (<HOLDING>) (internal quotation omitted). When documents
holding that 1 the complaint is deemed to include any documents incorporated in it by reference and any document upon which it solely relies and which is integral to the complaint and that the court may consider such documents on a motion to dismiss pursuant to fedrcivp 12b6 holding that a court may rely on documents incorporated into the complaint by reference and matters of which a court may take judicial notice in deciding whether a complaint fails to state a claim upon which relief may be granted holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint holding that a court may consider a document submitted by a defendant in determining whether to dismiss the complaint because it was integral to and explicitly relied on in the complaint and because the plaintiffs do not challenge its authenticity holding that a court may consider documents that have not been incorporated by reference where the complaint relies heavily upon its terms and effect which renders the document integral to the complaint