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REVLON, INC. v. S. RAUCH MARKETING, INC.

No. 86 Civ. 3109 (JFK).

661 F.Supp. 262 (1987)

REVLON, INC., Revlon International Corporation and Revlon Manufacturing (U.K.) Ltd., Plaintiffs, v. S. RAUCH MARKETING, INC., Stephen H. Marks, Garden State Maritime Services Corp., John Doe 1-6 and XYZ Corp., 1-5, said names John Doe and XYZ Corp. being fictitious, representing an unknown number of persons and corporations, the names of whom are presently unknown to Revlon, Defendants.

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

May 7, 1987.

Attorney(s) appearing for the Case

Frederick Newman, Blodnick, Pomeranz, Schultz & Abramowitz, P.C., Lake Success, N.Y., for plaintiffs.

Robert Ullman, Jacob Laufer, Steven Horowitz, Bass & Ullman, New York City, for defendants S. Rauch Marketing Inc., and Stephen H. Marks.

KEENAN, District Judge:

Background

Plaintiffs' complaint is brought under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 (1982 & Supp.III 1985) ("RICO"), and also includes state law causes of action for fraud and breach of contract. The defendants have moved for dismissal under F.R.C.P. 12(b)(6) or, in the alternative, under F.R. C.P. 9(b). The defendants urge this...

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