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BONGIORNO v. HAYDEN

233 A.D.2d 211 (1996)

649 N.Y.S.2d 684

Michael Bongiorno, Appellant, v. Philip Hayden, Respondent

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

November 19, 1996

Plaintiff seeks the above declaration in the belief that it will avail him in a paternity proceeding brought against him by defendant in an Italian court. We agree with the motion court that there is no merit to plaintiff's claim of in rem jurisdiction under CPLR 314 (2) by reason of his assets in New York to which defendant could assert a claim in the event paternity is established, and that the action should be dismissed for...

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