Opinion
No. 05-CV-3443 (FB) (KAM).
August 17, 2007
For the Plaintiffs: SANTO GOLINO, ESQ., Law Offices of Santo Golino, New York, New York.
For the Defendants: MARTIN WILLIAM SCHERER, ESQ., Siller Wilk LLP, New York, New York.
MEMORANDUM AND ORDER
On August 22, 2006, the Court requested that the parties brief whether the Court has diversity jurisdiction in this case. On June 20, 2007, defendants submitted a Certificate of Merger, establishing that named defendant Mandee Shop-Astoria, a New York corporation, was merged into Big M, Inc. — New York, another New York corporation, on July 31, 1986. See Docket No. 29, Ex. 2. On August 17, 2007, defendants submitted a second Certificate of Merger, certifying that, on December 30, 1986, Big M Inc. — New York was merged into Big M, Inc. — New Jersey ("Big M., Inc."), a New Jersey corporation. See Docket No. 32. As defendant Big M., Inc., the only surviving corporation, is a New Jersey corporation and plaintiffs are New York residents, the Court has diversity jurisdiction.