BETH ISRAEL MEDICAL CENTER v. SMITH

No. 82 Civ. 7191 (MEL).

576 F.Supp. 1061 (1983)

BETH ISRAEL MEDICAL CENTER, Bronx-Lebanon Hospital Center, Jewish Hospital and Medical Center of Brooklyn, Joint Diseases North General Hospital, Hospital for Joint Diseases Orthopaedic Institute, Long Island Jewish-Hillside Medical Center, Maimonides Medical Center, Montefiore Hospital and Medical Center, The Mount Sinai Hospital, Albert Einstein College of Medicine of Yeshiva University, Beach YM & YWHA, Boro Park YM & YWHA, Brookdale Village Housing Corporation, Israel Senior Citizen Housing Corporation, Jewish Association for Services for the Aged, Jewish Board of Family and Children Services, Metropolitan Jewish Geriatric Center and FOJP Service Corporation, Plaintiffs, v. Charles E. SMITH, Melvin Block, Mark Kressner, Irving Mandell, George Schlossman, Michael Schulman, and John Does 1 Through 100, Defendants.

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

December 8, 1983.


Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiffs; Arthur L. Liman, Steven E. Landers, Gerard E. Harper, Michael G. Carey, Martin Klotz, New York City, of counsel.

Gerald L. Shargel, New York City, for defendant Charles Smith.

Penzer & Sloan, New York City, for defendant Mark Kressner; Carl R. Sloan, New York City, of counsel.

La Rossa, Axenfeld & Mitchell, New York City, for defendant George Schlossman; John W. Mitchell, New York City, of counsel.

Schulman & Levitt, P.C., Garden City, N.Y., for defendant Michael Schulman; Steven L. Levitt, Garden City, N.Y., of counsel.


LASKER, District Judge.

I.

In this action seeking treble damages under the Racketeer Influenced and Corrupt Organizations Act ("RICO"),1 and alleging pendent state law claims, defendants Charles Smith, George Schlossman, Mark Kressner and Michael Schulman move to dismiss the complaint or portions of it on various grounds, most importantly for failure of the RICO allegations to state a claim upon which relief can be granted. The...

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