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WIENER v. NAPOLI

No. CV 90-3592 (ADS).

760 F.Supp. 278 (1991)

Florence WIENER, as Executrix of the Estate of Samuel Wiener, Plaintiff, v. Joseph P. NAPOLI, Esq., Morris J. Eisen, Esq., Morris J. Eisen, P.C., and Morris J. Eisen & Joseph P. Napoli, Defendants.

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

March 29, 1991.

Attorney(s) appearing for the Case

Rivkin, Radler, Bayh, Hart & Kremer by Edward J. Hart, James P. Nunemaker, Jr., James B. Rather, Frank J. Giliberti, Uniondale, N.Y., for plaintiff.

Zaslowsky Marx & Nelson by Jack Nelson, New York City, for defendants Morris J. Eisen, P.C. and Morris J. Eisen.

Joseph P. Napoli, New York City, defendant pro se and for defendants Morris J. Eisen and Joseph P. Napoli.

MEMORANDUM AND ORDER

SPATT, District Judge.

The defendants' motions to dismiss the Complaint raise the novel issue of whether the defendants' alleged fraudulent activity as trial counsel for the plaintiff's attorney-decedent in tort litigation, is sufficient to state a claim for relief under the Racketeering Influenced Corrupt Organization Act, 18 U.S.C. § 1961, et seq. ("RICO").

I. BACKGROUND

This action stems from financial...

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