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DILUCIA v. MANDELKER

110 A.D.2d 260 (1985)

Gilbert Dilucia, Individually and as Announced Candidate for Mayor of The City of New York, Respondent, v. Lawrence A. Mandelker, as Treasurer of New Yorkers for Koch 1985, Appellant, and Lawrence A. Mandelker, Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 3, 1985

Attorney(s) appearing for the Case

Barry H. Garfinkel of counsel (Barry H. Garfinkel, Edward J. Yodowitz and Joseph Guglielmelli, attorneys), for appellant.

Bernard Kenny for respondent.

KUPFERMAN, J. P., SULLIVAN and KASSAL, JJ., concur.

FEIN, J.

On December 12, 1984, a birthday dinner was held in honor of Mayor Edward I. Koch at the Sheraton Centre Hotel in New York City. The dinner was organized by a group of private citizens assisted by staff members of New Yorkers for Koch 1985. The proceeds of the tickets over and above the cost of the dinner were to be used for the 1985 reelection campaign of Mayor Koch. It is undisputed that the function of the dinner was to provide campaign funds...

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