Pencig v. J.C. Penney Corp. Inc.

Full title: WALTER PENCIG, Plaintiff, v. J.C. PENNEY CORPORATION, INC., et ano.…

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

Date published: Aug 22, 2002

02 Civ. 6494 (LAK) (S.D.N.Y. Aug. 22, 2002)

Opinion

02 Civ. 6494 (LAK)

August 22, 2002

ORDER

LEWIS A. KAPLAN, District Judge.

This negligence case was commenced in the Supreme Court of the State of New York, Bronx County, and removed to this Court by defendants on the alleged basis of diversity of citizenship. Neither the complaint nor the notice of removal, however, alleges the citizenship of the plaintiff. Sun Printing Publishing Ass'n v. Edwards, 194 U.S. 377 (1904) Further, the complaint alleges that J.C. Penney Properties, Inc. is a Delaware corporation with a principal place of business in New York, which would destroy diversity even if plaintiff were a citizen of this state. The allegation in the notice of removal that J.C. Penney Properties, Inc. is the real estate division of J.C. Penney Corporation, Inc. does not dispute the allegation that it is a corporation that is a citizen of New York.

For the foregoing reasons, the Court lacks jurisdiction over the subject matter of the action. The case is remanded to the court whence it was removed.

SO ORDERED.