The District Court for the Southern District of New York dismissed a RICO conspiracy claim against defendants because plaintiff failed to allege an agreement to commit the predicate acts in furtherance of a RICO violation, which the Court stated was “the most basic element of a RICO conspiracy claim.” The Court further held that even if plaintiff had adequately alleged an agreement, plaintiff must allege a “pattern of racketeering activity” -- at least two acts of racketeering within a span of ten years. The Complaint’s allegations that one defendant made a single misrepresentation on numerous occasions was insufficient to meet this requirement because, the Court held, “plaintiff makes it appear as if they are each separate predicate acts, when in fact, they are nothing more than reaffirmations of the original misrepresentation.” (M’Baye v. New Jersey Sports Productions, Inc., 2007 WL 431881 (S.D.N.Y. Feb. 7, 2007))