Opinion
02 Civ. 4959 (LAK)
July 2, 2002
ORDER
Defendant Eckerd Corporation has removed this action from the Supreme Court of the State of New York, Bronx County, on the ground of diversity of citizenship as between itself and plaintiff. Neither the complaint nor the notice of removal alleges the citizenship of the plaintiff. See Sun Printing and Publishing Ass'n v. Edwards, 194 U.S. 377, 382 (1904) (allegation of residence, standing alone, not equivalent to allegation of citizenship). Accordingly, the action is remanded to the Court from whence it was removed on the ground that the Court lacks jurisdiction over the subject matter.
SO ORDERED.