KIM v. BMW OF MANHATTAN INC.


35 A.D.3d 315 (2006)

827 N.Y.S.2d 129

SHELLY KIM et al., Appellants, v. BMW OF MANHATTAN, INC., et al., Respondents.

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

Decided December 28, 2006.


The motion court properly dismissed plaintiffs' Racketeer Influenced and Corrupt Organizations Act (RICO) claims (the first and second causes of action) since plaintiffs did not allege actual business or property injury (see Gotlin v Lederman, 367 F.Supp.2d 349, 356-357 [ED NY 2005]). The alleged injuries, i.e., the temporary withholding of plaintiffs' vehicle and the temporary charge to plaintiffs' credit card, did not result...

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