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COMMISSIONER OF THE DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK v. ESTATE OF ANITA WARRINGTON

308 A.D.2d 311 (2003)

764 N.Y.S.2d 180

COMMISSIONER OF THE DEPARTMENT OF SOCIAL SERVICES OF THE CITY OF NEW YORK, Appellant, v. ESTATE OF ANITA WARRINGTON, Deceased, Respondent.

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

Decided September 4, 2003.

In granting defendant discovery regarding her third affirmative defense of selective enforcement or unequal protection, the motion court rejected plaintiff's argument that selective enforcement is not an accepted affirmative defense, noting plaintiff's failure to move to strike such defense and holding that selective enforcement, if proven, is a valid defense. However, in order to succeed on a claim of unequal protection, "there...

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