11 Civ. 7801 (PAE) (S.D.N.Y. May. 22, 2012) Cited 2 times
Holding that the plaintiffs "fail[ed] to plead facts sufficient to show that defendants engaged in fraudulent acts so as to establish RICO predicates sounding in fraud," because "[s]imply dressing up a breach of contract claim by further alleging that the promisor had no intention, at the time of the contract's making, to perform its obligations thereunder, is insufficient to state an independent tort claim"