Flannigan v. Vulcan Power Group, L.L.C. et al, No. 1:2009cv08473 - Document 23 (S.D.N.Y. 2010)

Court Description: OPINION AND ORDER For the reasons stated above, Defendant's 12(b) (6) Motion is DENIED as to the First, Third and Fifth causes of action in the Amended Complaint and GRANTED as to the second cause of action. SO ORDERED. (Signed by Judge Barbara S. Jones on 4/27/2010) (jmi)