HOUSE OF SPICES (INDIA), INC. v. SMJ SERVICES, INC.

2011-03946.

103 A.D.3d 848 (2013)

960 N.Y.S.2d 443

2013 NY Slip Op 1236

HOUSE OF SPICES (INDIA), INC., Respondent, v. SMJ SERVICES, INC., Appellant, et al., Defendants. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, Second Department.

February 27, 2013.


In an action, inter alia, to recover damages for fraud and for violations of the Federal Racketeer Influenced and Corrupt Organizations Act (18 USC § 1961 et seq.), the defendant SMJ Services, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), entered March 9, 2011, as denied those branches of its motion which were pursuant to CPLR 3211 (a) (5) and (7) to dismiss the first and third causes of action...

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