LOMBARDI v. THE GREAT ATLANTIC PACIFIC TEA CO.

Full title: DOMINICK LOMBARDI, Plaintiff, v. THE GREAT ATLANTIC PACIFIC TEA COMPANY…

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

Date published: Mar 14, 2002

02 Civ. 1908 (LAK) (S.D.N.Y. Mar. 14, 2002)

Opinion

02 Civ. 1908 (LAK).

March 14, 2002.

ORDER

LEWIS A. KAPLAN, District Judge.

This action was commenced in the New York Supreme Court, Bronx County, and removed to this Court by defendant, ostensibly on the basis of diversity of citizenship. The notice of removal does not establish the requisite complete diversity of citizenship. It fails to allege the citizenship of the plaintiff at all, asserting only that he is a resident of New York. Sun Printing Publishing Ass'n v. Edwards, 194 U.S. 377 (1904) (allegation of residence insufficient).

It fails to allege the citizenship of the defendant because it states only that it is a Delaware corporation, thus ignoring 28 U.S.C. § 1332(c)(1).

For the foregoing reasons, the action is remanded to the Supreme Court of the State of New York, County of Bronx.

SO ORDERED.