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NATIONAL COUNCIL OF YOUNG ISRAEL v. WOLF

No. 96 Civ. 8903 (LAK).

963 F.Supp. 276 (1997)

NATIONAL COUNCIL OF YOUNG ISRAEL, Plaintiff, v. David WOLF, et al., Defendants.

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

May 5, 1997.

Attorney(s) appearing for the Case

Maurice Heller, Joel C. Haims, Heller, Horowitz & Feit, P.C., New York City, for Plaintiff.

Alfred W. Charles, Langer & Charles, New York City, for Defendant David Wolf.

Theodore T. Mairanz, Neiman Ginsburg & Mairanz, P.C., New York City, for Defendants Marvin Neiman and Howard Wolf.

James F. Donohue, White Plains, NY, for Defendants Bruno J. Gioffre and Anthony B. Gioffre, Jr., as Executors of the Estate of Anthony B. Gioffre, and Bruno J. Geoffre.

MEMORANDUM OPINION

KAPLAN, District Judge.

This civil RICO action is brought by the owner of a Mt. Vernon, New York, nursing home against its former owner, the former owner's son, and others. A major element of the dispute between the parties concerns the computation of the outstanding balance due on a wraparound mortgage. The only basis for proceeding in federal rather than state court is the presence of the RICO claims.

Defendants move to dismiss...

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