Infante v. Bank of America Corp.

ORDER GRANTING MOTION TO DISMISS PLAINTIFF’S SECOND AMENDED COMPLAINT [DE 32]; CLOSING CASE

ALAN S. GOLD, District Judge.

I. Introduction

THIS CAUSE is before the Court upon Defendant’s Motion to Dismiss Plaintiffs Second Amended Complaint [DE 32] (“Motion”), filed November 16, 2009. 1 In his Second Amended Complaint [DE 28], Plaintiff asserts two causes of action: Count I — Fraud, and Count II — Rescission Pursuant to 15 U.S.C. § 1635. Defendant now moves to dismiss both counts with prejudice on the basis that Plaintiff has failed to state a claim upon which relief can be granted and has also…