Legal Opinion
Dow v. Meyers
Appellate Division of the Supreme Court of the State of New York
Decided April 24, 1992PublishedCited by 2 opinions
1Opinion of the Court
Order insofar as appealed from unanimously reversed on the law without costs, motion granted, and fourth and fifth causes of action dismissed. Memorandum: Defendant contends that plaintiffs fourth and fifth causes of action, alleging violations of the Racketeer Influenced and Corrupt Organizations Act (RICO; 18 USC § 1962 [c], [d]), should be dismissed because plaintiff failed to plead sufficiently a pattern of racketeering activity, mail fraud and wire fraud. We agree.
To plead sufficiently a pattern of racketeering activity (18 USC § 1961 [5]), a plaintiff must allege at least two predicate…
2Cases cited4 opinions
- H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
- O'BRIEN v. National Property Analysts PartnersDistrict Court, S.D. New York · 1989
- Hutton v. KlabalDistrict Court, S.D. New York · 1989
- Johnston v. WilbournDistrict Court, S.D. Mississippi · 1991
3Cited by2 opinions
- Niagara Mohawk Power Corp. v. FreedAppellate Division of the Supreme Court of the State of New York · 1999
- Fekety v. Gruntal & Co.Appellate Division of the Supreme Court of the State of New York · 1993