District Court, S.D. New York March 20, 2012, Case No. 11-CV-0462 (CS) (EQT Infrastructure Ltd. v. Smith)

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OPINION AND ORDER

SEIBEL, District Judge.

Before the Court is Defendants’ Motion to Dismiss Plaintiffs Complaint. (Doc. 12.) For the reasons stated below, the Motion is GRANTED IN PART and DENIED IN PART.

I. Background

I assume the facts, but not the conclusions, in the Complaint (“Compl.”), (Doc. 1), to be true for purposes of Defendants’ Motion.