This action involved a claim by an insurance company that it agreed to insure five transportation related business based on misrepresentations that these businesses operated out of upstate New York rather than New York City. The insurer sued the transportation related businesses, as well as Thomas Bevilacque, who was not involved in the businesses, alleging that he was liable as a co-conspirator, because the businesses listed his address and telephone number in their insurance applications.

This document is a memorandum of law in support of Mr. Bevilacque's Motion to Dismiss the claims against him on the ground that the allegation that he allowed the other defendants to use his address and telephone number were insufficient as a matter of law to support a claim of liability based on conspiracy.