Barone v. United States of America et al, No. 1:2012cv04103 - Document 79 (S.D.N.Y. 2016)

Court Description: MEMORANDUM OPINION re: 57 MOTION to Dismiss the Amended Complaint, filed by Michael Trombetta, Michael Gaeta, Gregory Miceli, United States of America. The amended complaint fails state a claim for prima facie tort. For the reason s stated above and in the R&R, defendants' motion to dismiss the amended complaint [DI 57] is granted to the extent that plaintiff's FTCA claims for (1) NIED, (2) prima facie tort, and (3) negligence are dismissed. The motion is denied in all other respects. Plaintiff may move for leave to amend provided he does so within thirty days of the date hereof. (As further set forth in this Order.) (Signed by Judge Lewis A. Kaplan on 5/5/2016) (spo)