Frati v. Pravednekow

MEMORANDUM AND ORDER

McLAUGHLIN, District Judge.

In this action based upon diversity of citizenship, plaintiffs have moved under Rule 12(b)(1) of the Federal Rules of Civil Procedure to dismiss defendants’ counterclaim. For the reasons discussed below the motion is denied.

These claims arose during a period when the plaintiffs were leasing premises in Plainview, New York from the defendants. Plaintiffs assert that pursuant to a lease agreement entered into in August, 1983, defendants agreed to hold as bailees a box containing plaintiffs’ valuable china. The box was delivered to defendants, who…