New York Mortgage Servicing Corp. v. Dake
Appellate Division of the Supreme Court of the State of New York
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
- H. J. Inc. v. Northwestern Bell Telephone Co.Supreme Court of the United States · 1989
- Simpson Electric Corp. v. Leucadia, Inc.New York Court of Appeals · 1988
3Cited by2 opinions
- K9 Bytes, Inc. v. Arch Capital Funding, LLCNew York Supreme Court · 2017
- Citimortgage, Inc. v. PeraltaAppellate Division of the Supreme Court of the State of New York · 2021