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DIAZ v. PATAKI

No. 03 Civ. 10194(SHS).

368 F.Supp.2d 265 (2005)

Oscar DIAZ, on behalf of himself and all others similarly situated, Plaintiff, v. George E. PATAKI, individually and in his official capacity as Governor of the State of New York; Eliot Spitzer, individually and in his capacity as Attorney General of the State of New York; Alan Hevesi, individually and in his capacity as Comptroller of the State of New York; Hector Diaz, in his official Capacity as Clerk of the County of the Bronx, and on behalf of a defendant class of New York County Clerks; and Churchill Mortgage Investment Corporation, Defendants.

United States District Court, S.D. New York.

April 26, 2005.

Attorney(s) appearing for the Case

Janet Benshoof, New York, NY, for plaintiff.

OPINION & ORDER

STEIN, District Judge.

Introduction

Oscar Diaz brings this action pursuant to 42 U.S.C. § 1983 for alleged violations of the Fifth and Fourteenth Amendments to the United States Constitution. Diaz claims that New York State's lis pendens statute, N.Y. C.P.L.R. §§ 6501-6515 violates his rights to due process and equal protection of the laws both on its face and as applied to him.

Defendants...

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