MEMORANDUM OPINION AND ORDER
KIMBA M. WOOD, District Judge.
Defendant moves, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, to dismiss the second, third, fourth, and fifth counts of Plaintiff's complaint for failure to state a claim upon which relief can be granted under New York law. For the reasons stated below, the Court dismisses the fourth and fifth counts of Plaintiff's complaint but declines to dismiss the second and third counts...
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