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ABBOTT v. HERZFELD & RUBIN

202 A.D.2d 351 (1994)

609 N.Y.S.2d 230

John Abbott et al., Appellants, v. Herzfeld & Rubin, P. C., et al., Respondents, et al., Defendants

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

March 29, 1994

Plaintiffs' cause of action for a RICO conspiracy (see, 18 USC § 1962 [d]) is deficient in that it lacks specific allegations of a conscious agreement among the professional defendants and the promoter defendants to commit mail fraud (see, Adler v Berg Harmon Assocs., 790 F.Supp. 1222, 1234). Furthermore, the complaint does not attribute specific misrepresentations or omissions in the offering memorandum to the...

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