Foster et al v. 2001 Real Estate et al, No. 1:2014cv09434 - Document 71 (S.D.N.Y. 2015)

Court Description: OPINION. The motion and cross-motion to dismiss are granted as to the Plaintiffs' claims under RICO. Since diversity is not present and the remaining causes of action are tort and contract claims based exclusively on state law, the Court decline s to exercise jurisdiction over them pursuant to 28 U.S.C. § 1367(c) (3). The cross-motion to amend the Complaint is denied. It is so ordered. re: 70 MOTION for Conference filed by 2001 Real Estate, 60 CROSS MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by New Pelham Parkway South LLC, New Matthews Avenue LLC, New Pelham Parkway North LLC, The New Parkway Terrace LLC, 36 MOTION to Dismiss Complaint filed by Nma- BP, LLC, NPT- BP, LLC, NPPN- BP, LLC, NPPS- BP, LLC, Bernard Putter, 47 CROSS MOTION to Amend/Correct 36 MOTION to Dismiss Complaint filed by 914 Equities LLC, Darren Foster. (Signed by Judge Robert W. Sweet on 11/24/2015) (rjm)