Here, the amendments sought were palpably insufficient or patently devoid of merit (seePirrelli v. OCWEN Loan Servicing, LLC, 129 A.D.3d 689, 692–693, 12 N.Y.S.3d 110 ; Wells Fargo Bank, N.A. v. Wine, 90 A.D.3d 1216, 1218, 935 N.Y.S.2d 664 ; New York Mtge. Servicing Corp. v. Dake, 179 A.D.2d 1007, 1008, 579 N.Y.S.2d 276 ). The defendant's remaining contention is without merit.
"Leave to amend a pleading shall be freely given absent prejudice or surprise resulting directly from the delay unless the proposed amendment is palpably insufficient or patently devoid of merit" (Tavor v Lane Towers Owners, Inc., 197 A.D.3d 584, 586 [internal quotation marks omitted]). Here, the amendments sought were palpably insufficient or patently devoid of merit (see Pirelli v OCWEN Loan Servicing, LLC, 129 A.D.3d 689, 692-693; Wells Fargo Bank, N.A. v Wine, 90 A.D.3d 1216, 1218; New York Mtge. Servicing Corp. v Dake, 179 A.D.2d 1007, 1008).
"Leave to amend a pleading shall be freely given absent prejudice or surprise resulting directly from the delay unless the proposed amendment is palpably insufficient or patently devoid of merit" (Tavor v Lane Towers Owners, Inc., 197 A.D.3d 584, 586 [internal quotation marks omitted]). Here, the amendments sought were palpably insufficient or patently devoid of merit (see Pirelli v OCWEN Loan Servicing, LLC, 129 A.D.3d 689, 692-693; Wells Fargo Bank, N.A. v Wine, 90 A.D.3d 1216, 1218; New York Mtge. Servicing Corp. v Dake, 179 A.D.2d 1007, 1008).
Here, the amendments sought were palpably insufficient or patently devoid of merit (see Pirelli v OCWEN Loan Servicing, LLC, 129 A.D.3d 689, 692-693; Wells Fargo Bank, N.A. v Wine, 90 A.D.3d 1216, 1218; New York Mtge. Servicing Corp. v Dake, 179 A.D.2d 1007, 1008). The defendant's remaining contention is without merit.
Here, the amendments sought were palpably insufficient or patently devoid of merit (see Pirelli v OCWEN Loan Servicing, LLC, 129 A.D.3d 689, 692-693; Wells Fargo Bank, N.A. v Wine, 90 A.D.3d 1216, 1218; New York Mtge. Servicing Corp. v Dake, 179 A.D.2d 1007, 1008). The defendant's remaining contention is without merit.
The Amended Complaint also alleged court filings show, beginning in 2016, and on February 9, 2018, that Ace and Imperial, through their attorney Epstein and one or more of the other defendants entered numerous money judgments against various other alleged judgment debtors in courts in the Greater New York area on the basis of misrepresentations made to the courts' judgment clerks. Even assuming the Amended Complaint sufficiently pleaded bank fraud, to sustain their civil RICO claim, plaintiffs were required to allege that multiple predicates constituted a pattern of racketeering activity (Besicorp, 290 AD2d at 152; New York Mtge. Servicing Corp. v Dake, 179 AD2d 1007, 1008 [4th Dept 1992], citing see H.J. Inc. v Northwestern Bell Telephone Co., 492 US 229, 229-230 [1989]). Having failed to allege facts sufficient to maintain their causes of action for wire fraud, mail fraud and extortion, plaintiffs' RICO claim fails as plaintiffs have not pleaded the requisite pattern of racketeering activity.
Further, to allege a pattern of racketeering activity, a party must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity." N.Y. Mortg. Servicing Corp. v. Dake, 179 A.D.2d 1007, 1007, 579 N.Y.S.2d 276, 277 (4th Dept. 1992).
Further, to allege a pattern of racketeering activity, a party must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity." N.Y. Mortg. Servicing Corp. v. Dake, 179 A.D.2d 1007, 1007, 579 N.Y.S.2d 276, 277 (4th Dept.1992). Plaintiffs allege that this activity consisted of Arch and Cap Call, "through its [sic] representatives, engaged in more than two loan misrepresentations, whether through loan-only emails or verbally."
Further, to allege a pattern of racketeering activity, a party must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity." NY Mortg. Servicing Corp. v. Dake, 179 AD2d 1007, 1007, 579 N.Y.S.2d 276, 277 (4th Dept. 1992). Plaintiffs allege that this activity consisted of Arch and Cap Call, "through its [sic] representatives, engaged in more than two loan misrepresentations, whether through loan-only emails or verbally."
"[T]o allege a pattern of racketeering activity, a party 'must show that the racketeering predicates are related, and that they amount to or pose a threat of continued criminal activity' [internal citation omitted]." New York Mtge. Servicing Corp. v Dake, 179 AD2d 1007, 1008 (4th Dept 1992).