COLONY AT HOLBROOK, INC. v. STRATA G.C., INC.

No. CV 95-913.

928 F.Supp. 1224 (1996)

COLONY AT HOLBROOK, INC., Holiday Management Associates, Inc., Holiday Organization Inc., and Hamlet Golf Development Corporation, Plaintiffs, v. STRATA G.C., INC., Strata Land Developers, Inc., Tojaelco, Inc., Steven Rubin, personally and in his capacity as president and sole stockholder of Strata G.C., Inc. and Strata Land Developers, Inc., and as agent for Tojaelco, Inc., Ellen Rubin, personally and in her capacity of officer or director of Strata G.C., Inc. and Strata Land Developers, Inc., Augusiewicz Excavating Company, Augusiewicz Contracting Corp., Eugene Augusiewicz, individually and in his capacity of officer or director of Augusiewicz Excavating Company and Augusiewicz Contracting Corp., William Rutter, individually and in his capacity of officer or director of Tojaelco, Inc., Suzanne Nizzari, individually and in her capacity of officer or director of P & N Equipment, Inc., Deer Park Sand & Gravel Corp., Horan Trucking Corp. a/k/a Horan Sand and Gravel and Underhill Equipment Leasing Corp., A & G Materials, Inc., Belli Contracting Co., Inc., European Express Sand & Gravel Corporation, S.P. Materials Inc., John Truscello, individually and in his capacity of officer or director of Strata G.C., and his capacity of officer or director of Truscello Contracting Corp., Truscello Contracting Corp., PAV-CO Asphalt, Inc., Prima Asphalt Concrete, Inc., and John Does #1 through 100, which participated in the construction, excavation and transportation activities at the Colony of Holbrook site, Defendants.

United States District Court, E.D. New York.

May 21, 1996.


Attorney(s) appearing for the Case

Rivkin Radler & Kremer, Uniondale, New York by Charlotte A. Biblow, Anthony W. Paradiso, Joseph J. Ortega, for Plaintiffs EAB Plaza.

Marshall M. Stern, Huntington Station, NY, for Defendants Steven Rubin, Ellen Rubin.

Law Offices of R. Patrick White, Rutherford, NJ by Ann M. McHale, Vincent J. Rizzo, Jr., for Defendant Augusiewicz Excavating Company, Augusiewicz Contracting Corp., Eugene Augusiewicz.

Gold & Wachtel, Garden City, NY by Jeffrey T. Strauss, for Defendant Deer Park Sand & Gravel Corp.

Long, Tuminello, Besso, Seligman & Quinlan, Bay Shore, NY by David H. Besso, for Defendant P & N Equipment, Inc., S. Nizzari.

Foster & Mazzie, Totowa, NJ by George O. Foster, Pinks, Brooks & Arbeit, Hauppauge, NY by Steven G. Pinks, for Horan Trucking a/k/a Horan Sand & Gravel.


MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

In this civil RICO action, the defendant Deer Park Sand & Gravel Corp. ("Deer Park") moved the Court, pursuant to Fed. R.Civ.P. 12(b)(6) for an order dismissing the tenth and eleventh counts of the plaintiffs' complaint, which, respectively, set forth the plaintiffs' civil RICO and RICO conspiracy claims. Deer Park contends that the amended complaint fails to state a cause of action upon which...

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