KAHN v. CHASE MANHATTAN BANK, N.A.

No. 90 Civ. 2824 (LMM).

760 F.Supp. 369 (1991)

Roselyn KAHN, Jan Kahn, individually and as custodian for Brad Michael Kahn and Brendan Adam Kahn under the Uniform Gifts to Minors Act, Craig Kahn, individually and as custodian for Alex Kahn under the Uniform Gifts to Minors Act, Jan Kahn and Craig Kahn as Trustees for and on behalf of Four Seasons Manufacturing Co., Inc. Pension Trust and Jan & Craig's Window Factory, Ltd. by its Trustee, Ronald Lipshie, Plaintiffs, v. CHASE MANHATTAN BANK, N.A., Thomas J. Greene, Gruntal & Co., Inc., Woodmere Securities, Inc., Richard Cahn, Bruce C. Black, Sheppard Messing, Jeffrey P. Berg, Matthias & Berg and Michael R. Matthias, Defendants.

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

March 29, 1991.


Attorney(s) appearing for the Case

Eric H. Moss, Great Neck, N.Y., for plaintiffs.

Andrew Kosloff (argued), Kent T. Stauffer, Chase Manhattan Bank, Litigation Div., New York City, for defendant Chase Manhattan Bank, N.A.

David Rivkin (argued), Debevoise & Plimpton, Lionel G. Hest, Sr. Vice President and Gen. Counsel, Gruntal & Co., Inc., New York City, for defendant Gruntal & Co.

Eric Babat, Jackson & Nash, New York City, for defendants Jeffrey P. Berg, Michael R. Matthias and Matthias & Berg.


MEMORANDUM AND ORDER

McKENNA, District Judge:

Defendants Chase Manhattan Bank, Matthias & Berg, Jeffrey P. Berg, and Michael R. Matthias each move to dismiss the plaintiff's claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), the Securities Exchange Act of 1934, and state law, and defendant Gruntal & Company moves to dismiss plaintiff's RICO claim. For the reasons stated below, the motion of Gruntal & Company is granted...

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