58 . Deutsche Bank Secs., Inc. v. Rhodes, 578 F.Supp.2d 652, 664 (S.D.N.Y.2008) (citing Harris v. Provident Life & Acc. Ins. Co., 310 F.3d 73, 80 (2d Cir.2002)). 59 . ICD Holdings S.A. v. Frankel, 976 F.Supp. 234, 243-44 (S.D.N.Y.1997) (quotation marks and citation omitted). 60 . Commercial Union Ins. Co. v. Alitalia Airlines, S.p.A., 347 F.3d 448, 462 (2d Cir.2003) (citations omitted) (citing Restatement (Second) of Agency §§ 15,26). 61 . Id. (citations omitted). 62 . Id. (citing Restatement (Second) of Agency § 147). 63 . See Plaintiff ee Complaint ¶ 44. 72 . SPA at 30. 73 . See Complaint ¶ 29. 74 . See Defendants' Memorandum of Law in Support of Motion to Dismiss ("Def. Mem.”) at 10. 75 . See Cenveo Corp. v. Diversapack LLC, No. 09 Civ. 7544, 2009 WL 3169484, at *8 (S.D.N.Y.2009) (<HOLDING>). 76 . See Complaint ¶ 46. 77 . See Eternity
holding that probation department employees are not county employees holding that interests of plaintiffs former employees of defendant company in combating discriminatory policies were coextensive with the interest of all former and present employees subjected to the discriminatory policy holding that where an spa does not mention former employees but only current employees and a complaint only alleges that former employees were solicited there is no breach of a nonsolicitation clause holding that former employees state law claim of fraud brought against his former employer was preempted by labor management relations act holding that former employees subjective belief that he suffered an adverse employment action as a result of discrimination without more is not enough to survive former employers summary judgment motion