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SPADA v. B.W. ENERGY SYS. EAST, INC.

167 A.D.2d 328 (1990)

Joseph Spada et al., Respondents, v. B. W. Energy Systems East, Inc., et al., Appellants, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 29, 1990

Plaintiffs' cause of action under the Racketeer Influenced and Corrupt Organizations Act (RICO; 18 USC § 1961 et seq.) was originally dismissed by the IAS court for lack of jurisdiction. Subsequent to that determination, the Court of Appeals held in Simpson Elec. Corp. v Leucadia, Inc. (72 N.Y.2d 450) that State courts enjoy concurrent jurisdiction over civil RICO claims. Based upon this determination, plaintiffs moved...

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