Baum v. City of New York

Full title: STEVE BAUM, Plaintiff, v. THE CITY OF NEW YORK, et al., Defendants

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

Date published: Oct 15, 2002

02 Civ. 7898 (LAK) (S.D.N.Y. Oct. 15, 2002)

Opinion

02 Civ. 7898 (LAK)

October 15, 2002

ORDER

LEWIS A. KAPLAN, District Judge

On September 20, 2002, this Court dismissed an earlier filed version of this case for lack of subject matter jurisdiction. The order stated:

"The complaint in this purported diversity action fails adequately to allege the citizenship of the plaintiff. Sun Printing Publishing Ass'n v. Edwards, 194 U.S. 377 (1904); E.g., Leveraged Leasing Administration Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44 (2d Cir. 1996); Depradine v. Nissan Infiniti LT, No. 00 Civ. 6686 (LAK), 2000 WL 1280971, *1 (S.D.N.Y. Sept. 11, 2000). Accordingly, the action is dismissed for lack of subject matter jurisdiction."

Plaintiff then filed this action, which is substantially the same as the preceding one. This complaint too fails adequately to allege the citizenship of the plaintiff. Perhaps if plaintiff's counsel had read the cases cited in the prior order, this would not have been so. Nevertheless, this action too is dismissed for lack of subject matter jurisdiction.

SO ORDERED.