September 13, 2023 – M&H Wins Reversal, Dismissal of Civil RICO and GBL 349 Claims, and Vacatur of Treble Damages and Counsel-Fee Awards

In this action alleging violation of Civil RICO statutes and GBL 349, involving a New York City mortgage brokerage firm, the Appellate Division, Second Department, in accordance with M&H’s arguments on appeal, dismissed the Civil RICO and GBL 349 claims and vacated the treble damages and counsel-fees awards, holding that the plaintiff had failed to sufficiently allege that the broker had violated the germane statutes.

Abraham v. Torati