CROSS WESTCHESTER DEVELOPMENT CORP. v. CHIULLI

No. 83, Docket 89-7312.

887 F.2d 431 (1989)

CROSS WESTCHESTER DEVELOPMENT CORPORATION, Plaintiff-Appellee, v. Mario CHIULLI, Anthony Chiulli, Dennis Chiulli, Linda Chiulli Dimartino, Mario Schiavone, Jeffrey I. Klein, Sleepy Hollow Motor Court, Inc., Riccardo Development Corp., Riccardo Realty Corp., Mohawk Valley Land, Ltd., and Greenburgh Mountain Estates, Ltd., Defendants, Mario Chiulli, Sleepy Hollow Motor Court, Inc., Riccardo Development Corp., Riccardo Realty Corp., and Mohawk Valley Land, Ltd., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 11, 1989.


Attorney(s) appearing for the Case

David S. Poppick, White Plains (Robert S. Groban, Jr., Fink, Weinberger, Fredman, Berman, Lowell & Fensterheim, White Plains, N.Y., of counsel), for plaintiff-appellee.

Peter H. McCallion, Ossining, N.Y., for defendants-appellants.

Before WINTER, MINER, and ALTIMARI, Circuit Judges.


PER CURIAM:

Five of the defendants appeal from Judge Goettel's order granting plaintiff's motion for voluntary dismissal without prejudice under Fed.R.Civ.P. 41(a) of its federal racketeering claims brought under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-68 (1982 & Supp. V 1987). The district court granted the dismissal to allow plaintiff Cross Westchester Development Corporation ("Cross Westchester") to reassert...

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