Distefano v. Ivari International, Inc.

Full title: GREGORY DISTEFANO, Plaintiff, v. IVARI INTERNATIONAL, INC., Defendant

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

Date published: Feb 25, 2002

02 Civ. 1047 (LAK) (S.D.N.Y. Feb. 25, 2002)

Opinion

02 Civ. 1047 (LAK)

February 25, 2002

ORDER

LEWIS A. KAPLAN, United States District Judge.

The complaint, which purports to base jurisdiction on diversity of citizenship, fails to allege either the state of which plaintiff is a citizen or the state in which the defendant is incorporated. It therefore does not allege facts sufficient to establish subject matter jurisdiction. Further, a search of the records of the New York Department of State reveals that there is no foreign corporation name "Ivari International, Inc." authorized to do business in New York, as the complaint here suggests, see cpt. ¶ 3, but there is a New York corporation named "Ivari International Centers, Inc." with a place of business at 725 Fifth Avenue, New York, New York, the alleged location of the defendant's facilities in New York. Cpt. ¶ 10. It therefore appears that plaintiff, who is said to reside in New York, and the defendant are not of diverse citizenship.

Accordingly, the action is dismissed for lack of subject matter jurisdiction. In the event plaintiff believes he can make out the existence of diversity of citizenship, he of course is free to file a new action.

SO ORDERED.