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Matter of Lovacco v. Hirsch

Appellate Division of the Supreme Court of New York, First Department
May 12, 1998
250 A.D.2d 416 (N.Y. App. Div. 1998)

Opinion

May 12, 1998

Appeal from the Supreme Court, New York County (Martin Schoenfeld, J.).


The motion to dismiss was properly granted on authority of Matter of Mitchell v. Borakove ( 225 A.D.2d 435, appeal dismissed 88 N.Y.2d 919; see also, Matter of Katz v. Scott, 236 A.D.2d 259, lv denied 90 N.Y.2d 801). We have considered petitioner's equal protection argument based upon the likelihood of success of a proceeding such as this if brought outside of the City of New York ( see, Matter of Mitchell v. Borakove, supra, distinguishing Matter of Diaz v. Lukash, 82 N.Y.2d 211), and find it to be without merit ( see, Gardner v. Michigan, 199 U.S. 325, 333-334).

Concur — Sullivan, J.P., Nardelli, Williams and Andrias, JJ.


Summaries of

Matter of Lovacco v. Hirsch

Appellate Division of the Supreme Court of New York, First Department
May 12, 1998
250 A.D.2d 416 (N.Y. App. Div. 1998)
Case details for

Matter of Lovacco v. Hirsch

Case Details

Full title:In the Matter of CAMILLO LOVACCO, Appellant, v. CHARLES S. HIRSCH, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 12, 1998

Citations

250 A.D.2d 416 (N.Y. App. Div. 1998)
672 N.Y.S.2d 697

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