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ITSKOV v. NY FERTILITY INST.

11 Misc.3d 68 (2006)

813 N.Y.S.2d 844

ILONA ITSKOV, Respondent-Appellant, v. NEW YORK FERTILITY INSTITUTE, INC., Defendant, and KALEED SULTAN, Appellant-Respondent.

Supreme Court, Appellate Term, Second Department.

February 17, 2006.

Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, New York City (Ellen B. Fishman of counsel), for appellant-respondent.

Weinstein, Soybel & Kirwin, New York City (Solomon Weinstein of counsel), for respondent-appellant.

PESCE, P.J., WESTON PATTERSON and BELEN, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Order unanimously modified by striking the provision denying the branch of defendant Dr. Kaleed Sultan's motion to dismiss the first cause of action and by granting said branch of defendant Sultan's motion; as so modified, affirmed without costs.

In the case at bar, the complaint alleges a surrogate parenting agreement (Domestic Relations Law § 121 [4]), pursuant...

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