Anderson v. Borelli

Full title: GREGER C. ANDERSON, Plaintiff, v. FRANK J. BORELLI, Defendant

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

Date published: Mar 8, 2002

02 Civ. 1808 (LAK) (S.D.N.Y. Mar. 8, 2002)

Opinion

02 Civ. 1808 (LAK)

March 8, 2002

ORDER

LEWIS A. KAPLAN, United States District Judge.

The complaint in this defamation case purports to premise subject matter jurisdiction on diversity of citizenship. The complaint, however, fails to allege the requisite matter in controversy or the citizenship of the parties. The allegation of residence is insufficient. E.g., Sun Printing Publishing Ass'n v. Edwards, 194 U.S. 377 (1904). Accordingly, the complaint is dismissed without prejudice to the filing, on or before March 18, 2002, of an amended complaint adequately alleging the existence of subject matter jurisdiction.

SO ORDERED.