FISCHER v. CROWN HEIGHTS JEWISH COMMUNITY COUNCIL, INC.


1 A.D.3d 187 (2003)

767 N.Y.S.2d 83

DAVID FISCHER et al., Respondents, v. CROWN HEIGHTS JEWISH COMMUNITY COUNCIL, INC., Appellant, et al., Defendants.

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

November 18, 2003.


Plaintiff Fischer alleges that defendants maliciously prosecuted him when, in 1992, they commenced a RICO action against him, which action was dismissed on the merits (295 A.D.2d 227, 228 [2002]). While defendants seek to depose Fischer respecting the factual allegations made in the RICO action to buttress their contention that the action's dismissal was attributable to fraud and should thus be...

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