We were retained by a corporation to defend against a suit brought in federal court alleging claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and under state law. We successfully litigated a motion to dismiss, leading to a written opinion by the federal judge scathingly criticizing our adversaries’ claims. The opinion, Prichard v. 164 Ludlow Corp, 390 F.Supp.2d 408 (S.D.N.Y. 2005), is available here.
Undeterred the plaintiffs filed a second action, this time in state court, alleging breach of contract, fraudulent inducement and fraud. We were again successful in obtaining dismissal of all claims. The plaintiffs appealed to the Appellate Division, First Department, which unanimously affirmed the trial court. The opinion, Prichard v. 164 Ludlow Corp., 854 N.Y.S.2d 53 (1st Dep’t 2008), is available here.