Moore v. J.C. Penney Co. Inc.

Full title: LILLIAN MOORE, Plaintiff, v. J.C. PENNEY COMPANY, INC. and KONE, INC.…

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

Date published: Mar 14, 2002

02 Civ. 1909 (LAK) (S.D.N.Y. Mar. 14, 2002)

Opinion

02 Civ. 1909 (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 J.C. Penney Company, Inc., ostensibly on the basis of diversity of citizenship.

The notice of removal does not even begin to establish the requisite complete diversity of citizenship. It fails to allege the citizenship of the plaintiff at all, asserting only that she 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 J.C. Penney because it states only that it is a Delaware corporation, thus ignoring 28 U.S.C. § 1332(c)(1). It does not even attempt to allege the citizenship of Kone, Inc., alleging only that it is a subsidiary of an Illinois corporation. Even if complete diversity had been alleged, the notice of removal still would be defective. It was filed only on behalf of Penney. Kone, Inc. did not join in it. The notice fails to allege that Kone, Inc. had not been served.

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

SO ORDERED.