Opinion
20 CIVIL 9477 (JMF)
08-09-2021
NEW YORK METROPOLITAN REGIONAL CENTER, L.P. II, Plaintiff, v. MAMMOET USA HOLDING, INC., Defendant.
JUDGMENT
It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 6, 2021, Thankfully, here, unlike in the aborted New York Wheel case, the jurisdictional allegations in the Complaint were apparently accurate in the first instance and the question of subject-matter jurisdiction was thus flagged at the outset. But the bottom line is the same: Lacking a valid basis to exercise subject-matter jurisdiction pursuant to Section 1332, the Court must grant, and therefore does grant, Mammoet Holding's motion to dismiss for lack of subject-matter jurisdiction. Accordingly, the case is dismissed without prejudice. See, e.g., Katz v. Donna Karan Co., L.L.C., 872 F.3d 114, 121 (2d Cir. 2017) (reaffirming that dismissals for lack of subject-matter jurisdiction must be without prejudice), and this case is closed.