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WIENER v. NAPOLI

No. CV-90-3592 (ADS).

772 F.Supp. 109 (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.

August 10, 1991.

Attorney(s) appearing for the Case

Rivkin, Radler, Bayh, Hart & Kremer (Edward J. Hart, James P. Nunemaker, Jr., James B. Rather and Frank J. Giliberti, of counsel), Uniondale, N.Y., for plaintiff.

Zaslowsky Marx & Nelson (John Hayes, Morris J. Eisen, P.C. and Morris J. Eisen, of counsel), New York City, for defendants.

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

OPINION AND ORDER

SPATT, District Judge.

The defendants' motion to dismiss the amended complaint in this case raises the 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 Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961-1968. Taking the allegations of the amended complaint as true...

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