Opinion
No. 08-5707-cv.
December 8, 2009.
Appeal from the United States District Court for the Southern District of New York (Jones, J.). ON CONSIDERATION WHEREOF, it is hereby ORDERED, ADJUDGED, and DECREED that the judgment of the District Court be and hereby is AFFIRMED.
Steven G. Mintz and Terence W. McCormick, Mintz Gold LLP, New York, NY, for Plaintiff-Counter-Defendant-Appellant.
Allan J. Arfea and Karen R. King, Paul, Weiss, Rifkind, Wharton Garrison LLP, New York, NY, for Defendant-Counter-Claimant-Appellee.
Present: WILFRED FEINBERG, WALKER and ROBERT A. KATZMANN, Circuit Judges.
SUMMARY ORDER
Substantially for the reasons stated in the District Court's Opinion and Order dated November 4, 2008, 594 F.Supp.2d 334, and Memorandum and Order dated January 28, 2009, 2009 WL 311362, we conclude that the defendant's motion for judgment on the pleadings was properly granted. Accordingly, we AFFIRM the judgment of the District Court.