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NU-LIFE CONST. v. BOARD OF EDUC.

No. 86 CV 0807 (ADS).

779 F.Supp. 248 (1991)

NU-LIFE CONSTRUCTION CORP. and Terminate Control Corp., Plaintiffs, v. BOARD OF EDUCATION OF the CITY OF NEW YORK, Division of School Buildings of the Board of Education of the City of New York, Stuart Horowitz, Stanley Dobrowolski, John Trapanotto, John J. Manfredi, John Frisone, Nicholas E. Borg, and Does 1 through 20, Defendants.

United States District Court, E.D. New York.

December 2, 1991.

Attorney(s) appearing for the Case

Kantrowitz & Goldhamer, P.C., Chestnut Ridge, N.Y. (Gary S. Graifman, of counsel), for plaintiffs Nu-Life Const. Corp. and Terminate Control Corp.

O. Peter Sherwood, Corp. Counsel of City of New York, New York City (John P. Woods, James Joyce, Susan J. Finkenberg, Asst. Corp. Counsel, of counsel), for defendant Board of Educ. of City of New York.

Peltz, Walker & Dubinsky, New York City (Eliot R. Clauss, of counsel), for defendant John Trapanotto.

Irving Cohen, New York City, for defendant John J. Manfredi.

Stanley Dobrowolski, pro se.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

Despite the explosion of civil RICO litigation in recent years, the issue before the Court at this time has not yet been squarely addressed by the Second Circuit: Is a municipal corporation subject to civil liability under RICO based on an alleged pattern of racketeering activity and underlying predicate acts allegedly committed by its agents or employees?

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