Update: Received the bike back after 42 days at the dealer... The same evening of picking it up, i went to start it, it would not idle, I had to hold the throttle open in order for it to run. I let it sit and then restarted it about a half hour later with no issue. I decided to ride it home, stalled 1 time, upon the next morning's ride into work, It wanted to stall at every stop, and would not idle. I had roadside pick up the bike, brought it back to the dealer, and they are telling me that there is nothing wrong with the bike. They are making me take the bike back. I contacted BMW about the situation, and they have not been of any help as of yet.
It qualifies as a lemon, and now will look into pursuing it as NY does cover motorcycles. Its a 2010, and only has 3700 miles.