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Schmidt v. Am. Package Co. Inc.

RICO Claims Against Illegal Loft Conversion's Landlord Are Time-Barred, Dismissed

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MEMORANDUM & ORDER Pro se plaintiff Sally Schmidt (“Plaintiff” or “Schmidt”) brings this action for civil remedies under the Racketeer Influence and Corrupt Organizations (“RICO”) statute, 18 U.S.C. §1962. Schmidt alleges that her building owner, along with its associates and attorneys engaged in various forms of misconduct aimed at unlawfully evicting her from her apartment. (See ECF No. 1). Defendants are American Package Company, Inc., Martin C. Kofman, Irene Kofman, Michelle Kofman, Violet Lautan, Michael Bobick, and Parker Rothman (collectively, the “APC Defendants”), in addition to Harry Shapiro (“Shapiro,” and together with APC Defendants, “Defendants”).¹ Shapiro and APC Defendants have moved to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. (ECF No. 24 (“Shapiro’s Mot.”); ECF No. 28 (“APC Def.’s Mot.”)). In her response, Plaintiff has cross-moved to have all attorneys disqualified (See ECF No. 33 (“Pl.’s Response”)), which APC Defendants and Shapiro oppose (ECF Nos. 35 (“Shapiro’s Reply”), 38 (“APC Def.’s Reply”)). After carefully reviewing the record, and for the reasons set forth herein, the Court grants APC Defendants’ and Shapiro’s motions to dismiss and denies Plaintiff’s motion for disqualification. BACKGROUND² I. Factual Background Plaintiff is a German citizen and United States resident who has lived in Unit G4 (the “Unit”) of 226 Franklin Street AKA 97 Green Street, Brooklyn, New York 11222 (the “Building”) for approximately a decade. (ECF No. 10 (“Am. Compl.”)

1-3, 14-15). Defendants Martin C. Kofman (“Martin”), Irene Kofman, and Michelle Kofman own American Package Company (“Owner”), which is a New York corporation that owns the Building. (Id.

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