Vashovsky v Zablocki

Holding The Supreme Court properly denied the plaintiff’s motion for leave to amend the complaint to assert RICO and fraud claims because the proposed causes of action were palpably insufficient. Additionally, the court correctly denied the defendants’ motion for summary judgment on their breach of contract counterclaim because the plaintiff raised a triable issue of fact regarding waiver.

The court’s words

the plaintiff's submissions raised a triable issue of fact as to whether the Zablocki defendants waived their right to object

2026 NY Slip Op 05992, at the official text

the proposed cause of action alleging a violation of RICO pursuant to 18 USC § 1962(b) was palpably insufficient

2026 NY Slip Op 05992, at the official text

the allegations supporting that proposed cause of action failed to set forth facts sufficient to permit a reasonable inference of fraud

2026 NY Slip Op 05992, at the official text