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HOUSEOF SPICES (INDIA), INC., res, v. SMJ SERVICES, INC., APPELLANT DEFENDANTS (AND A THIRD-PARTY ACTION). (INDEX NO. 700178/10)

HOUSEOF SPICES (INDIA), INC., res, v. SMJ SERVICES, INC., APPELLANT DEFENDANTS (AND A THIRD-PARTY ACTION). (INDEX NO. 700178/10)In an action, inter alia, to recover damages for fraud and for violations of the Federal Racketeer Influenced and Corrupt Organizations Act (18 USC §1961 et seq.), the defendant SMJ Services, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), entered March 9, 2011, as denied those branches of its motion which were pursuant to CPLR 3211(a)(5) and (7) to dismiss the first and third causes of action insofar as asserted against it.

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HOUSEOF SPICES (INDIA), INC., res, v. SMJ SERVICES, INC., APPELLANT DEFENDANTS (AND A THIRD-PARTY ACTION). (INDEX NO. 700178/10)In an action, inter alia, to recover damages for fraud and for violations of the Federal Racketeer Influenced and Corrupt Organizations Act (18 USC §1961 et seq.), the defendant SMJ Services, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), entered March 9, 2011, as denied those branches of its motion which were pursuant to CPLR 3211(a)(5) and (7) to dismiss the first and third causes of action insofar as asserted against it.

ORDERED that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant SMJ Services, Inc., which was pursuant to CPLR 3211(a)(7) to dismiss the third cause of action insofar as asserted against it, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

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