With no explanation, chose the best option from "A", "B", "C" or "D". 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

A: holding that probation department employees are not county employees
B: 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
C: 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
D: holding that former employees state law claim of fraud brought against his former employer was preempted by labor management relations act
C.