as Exhibit B to the Declaration of William J. Taylor, Jr. in Support of Defendants' Motion to Dismiss the Amended Complaint, Dkt. 17 ("Taylor Decl.”). Hershey references this video footage in the Amended Complaint, see Am. Compl. ¶¶ 96-106, and attached some of this footage to it. Hershey affirmatively noted in his brief that the Amended Complaint incorporates these videos by reference. Hershey Br. 2. The Court can consider this video footage in deciding the motion to dismiss. See Blue Tree Hotels Inv. v. Starwood Hotels & Resorts, 369 F.3d 212, 217 (2d Cir.2004) (permitting consideration of "any documents that are either incorporated into the complaint by reference or attached to the complaint as exhibits”); see also Garcia v. Bloomberg, 865 F.Supp.2d 478, 483 n. 1, 492 (S.D.N.Y.2012) (<HOLDING>). The video provided to the Court is
holding that where a complaint makes express reference to attachments that are central to the plaintiffs claims those documents may be considered on a motion to dismiss without converting it into a motion for summary judgment recognizing dismissal as proper when based on those exhibits submitted by a defendant which can properly be considered as incorporated by reference into the complaint holding that videos incorporated by reference into the complaint can be considered in deciding a motion to dismiss and crediting videos where the videos themselves rebut plaintiffs allegations holding that for the purpose of deciding a motion to dismiss the complaint includes any written instrument attached to it as an exhibit or any statements or documents incorporated in it by reference holding that a court in deciding a rule 12b6 motion may consider a document that is incorporated by reference into the complaint