DECISION AND AMENDED ORDER
MARRERO, District Judge.
Plaintiff Yevgeny Matusovsky ("Matusovsky") filed this action against defendant Merrill Lynch, Pierce & Smith Incorporated ("Merrill") alleging violations of his civil rights under federal, New York State and City laws. In response, Merrill filed a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). For the reasons set forth below, the Court grants Merrill's motion.
BACKGROUND
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