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San James Realty Corporation v. Connolly

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 1997
237 A.D.2d 176 (N.Y. App. Div. 1997)

Opinion

March 20, 1997.

Order, Supreme Court, New York County (Ira Gammerman, J.), entered March 28, 1996, which, insofar as appealed from, granted defendants' motion to dismiss Plaintiff's causes of action under the Racketeer Influenced and Corrupt Organizations Act ([RICO] 18 USC § 1962 [b], [d]), unanimously affirmed, with costs.

Before: Murphy, P.J., Sullivan, Milonas and Tom, JJ.


Our affirmance of Supreme Court's findings in the related case of Keogh v Connolly ( 235 AD2d 241), that the Grand Street Corporations' by-laws are authentic and that they authorize the selection of directors by the pastor of St. Mary's Roman Catholic Church, warrants dismissal of Plaintiff's RICO-based causes of action. The allegedly fraudulent statements serving as the predicate acts of wire and mail fraud were not false. In view of the foregoing, it is unnecessary to decide whether the RICO-based causes of action are otherwise deficient.

We have considered Plaintiff's other contentions and find them to be without merit.


Summaries of

San James Realty Corporation v. Connolly

Appellate Division of the Supreme Court of New York, First Department
Mar 20, 1997
237 A.D.2d 176 (N.Y. App. Div. 1997)
Case details for

San James Realty Corporation v. Connolly

Case Details

Full title:SAN JAMES REALTY CORPORATION, Appellant, v. NEIL CONNOLLY et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 20, 1997

Citations

237 A.D.2d 176 (N.Y. App. Div. 1997)
655 N.Y.S.2d 372