[DOWNLOAD] "Horoshko v. Citibank" by 2003 United States Court of Appeals for the Second Circuit August Term ~ Book PDF Kindle ePub Free

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eBook details

• Title: Horoshko v. Citibank
• Author : 2003 United States Court of Appeals for the Second Circuit August Term
• Release Date : January 01, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Argued: May 7, 2004 Plaintiffs-Appellants Valentine Horoshko and Roger Horoshko appeal from a judgment of the United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge) dismissing as frivolous their complaint, which asserted claims under the Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. §§ 1961-1968, and the Civil Rights Act, 42 U.S.C. § 1985, against Citibank, N.A., Chase Manhattan Mortgage Corporation, and others. The Horoshkos are defendants in a separate foreclosure action brought by Citibank in the Supreme Court of the State of New York, County of Queens. Following an unsuccessful effort to have the foreclosure action permanently removed to the United States District Court for the Eastern District of New York, the Horoshkos filed the complaint underlying this appeal, alleging that Appellees are part of a RICO enterprise that harassed and intimidated individuals who do not perform on mortgages held by Citibank and Chase. The District Court found the Horoshkos' substantive claims to be ""[f]rivolous or [m]alicious,"" Horoshko v. Citibank, N.A., No. 02-CV-6089 (SJ), slip op. at 2 (E.D.N.Y. Mar. 3, 2003), and their claim of diversity jurisdiction to be ""frivolous"" as well, id. at 6. The Court consequently dismissed the complaint, and noted that ""any appeal from this Order would not be taken in good faith."" Id. On appeal, the Horoshkos raise two issues. First, they argue that the District Court abused its discretion by not granting them leave to file an amended complaint. Second, they contend that the District Court erred in finding diversity jurisdiction absent.

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