District Court, S.D. New York August 31, 2011, 10 Civ. 2908 (CM)(MHD) (Viti v. Guardian Life Insurance Co. of America)

DECISION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS THE THIRD AND FOURTH CAUSES OF ACTION, DENYING PLAINTIFF’S CROSS MOTION FOR SUMMARY JUDGMENT ON THE THIRD AND FOURTH CAUSES OF ACTION, DENYING WITHOUT PREJUDICE DEFENDANT’S MOTION TO DISMISS AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT ON THE FIRST AND SECOND CAUSES OF ACTION, AND REFERRING THIS MATTER TO THE HON. MICHAEL A.