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PLOUNT v. AMERICAN HOME ASSUR. CO., INC.

No. 87 Civ. 2002 (RWS).

668 F.Supp. 204 (1987)

Sherry PLOUNT and Frank Williams, on behalf of themselves and all others similarly situated, Plaintiffs, v. AMERICAN HOME ASSURANCE COMPANY, INC., Dealer Choice Automotive Planning Inc., Jesus A. Soto, Losas Brokerage, Dante C. Senise, John Senise, American Physical Damage Plan & Purchasing Group, Inc., d/b/a American Auto Plan, Senise Brokerage Inc., DCAP Agency Inc., AMT Motor Club Inc. and Auto Care Institute Inc., Defendants.

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

August 7, 1987.

Attorney(s) appearing for the Case

Glatzer & Belovin, P.C., Bronx, N.Y., for plaintiffs; William Kirchhofer, of counsel.

Rosner & Goodman, New York City, for defendants Dante C. Senise, John Senise, American Physical Damage Plan & Purchasing Group, Inc., d/b/a American Auto Plan and Senise Brokerage; Andrew J. Goodman, Marianne F. Murray, of counsel.

OPINION

SWEET, District Judge.

In this class action fraud case, a civil RICO action has been alleged as a basis of federal jurisdiction, and the defendants have moved pursuant to Fed.R.Civ.P. 12(b)(6) and 9(b) for an order dismissing the complaint. For the reasons set forth below, the motion is granted and the complaint dismissed.

Facts

On a motion to dismiss for failure to state a claim upon which relief can be granted, the facts as alleged...

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