POLLACK, District Judge.
Defendants move to dismiss the complaint pursuant to Rule 12(b)(6) Fed.R. Civ.P. for failure to state a claim upon which relief may be granted. Inasmuch as the defendants have submitted "matters outside the pleadings" along with their motion papers, their motion may be treated as one for summary judgment pursuant to Rule 12(b). Plaintiff, in turn, has filed a motion for summary judgment in his favor.
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