Legal Opinion

New York Mortgage Servicing Corp. v. Dake

Appellate Division of the Supreme Court of the State of New York

Decided January 31, 1992PublishedCited by 2 opinions

1Opinion of the Court

*1008Based on those facts, defendants, in their fourth counterclaim, assert a civil RICO claim against plaintiff. They allege, in a conclusory fashion, that plaintiff committed two or more predicate acts constituting a pattern of racketeering activity within the meaning of RICO, that plaintiff had participated in an enterprise that affected interstate commerce, and that defendants had sustained property damages as a result of plaintiff’s RICO violations.

In order to sustain a civil RICO claim, a party is required to allege that the multiple predicates constitute a pattern of racketeering activity…

2Cases cited2 opinions

  1. H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
  2. Simpson Electric Corp. v. Leucadia, Inc.New York Court of Appeals · 1988

3Cited by2 opinions

  1. K9 Bytes, Inc. v. Arch Capital Funding, LLCNew York Supreme Court · 2017
  2. Citimortgage, Inc. v. PeraltaAppellate Division of the Supreme Court of the State of New York · 2021

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