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CLYDE BY CLYDE v. LUDWIG HARDWARE STORE, INC.

No. 92 Civ. 1742 (JSM).

815 F.Supp. 688 (1993)

Arthur CLYDE IV, an infant by his father and natural guardian, Arthur CLYDE III, and Arthur Clyde III, individually, Plaintiffs, v. LUDWIG HARDWARE STORE, INC. and Merrick Fradkin, Defendants.

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

February 23, 1993.

Attorney(s) appearing for the Case

Calano & Calano, New York City, for plaintiff.

Huwel & Mulhern, Garden City, NY, for defendant Ludwig Hardware Store, Inc.

Herbert Dillon, Marcy Scher, Dillon Haber & Dillon, Roslyn, NY, for defendant Merrick Fradkin.

MEMORANDUM ORDER AND OPINION

MARTIN, District Judge:

Defendant Merrick Fradkin moves to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction and improper venue.

Background

This personal injury case arises out of an incident in which defendant Merrick Fradkin's ("Fradkin") dog allegedly bit plaintiff Arthur Clyde IV ("Clyde IV"), a three-year old boy, while Clyde IV was with his mother in a hardware store...

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