Brower v. Franklin National Bank

WYATT, District Judge.

This is a motion by defendant Franklin National Bank, a successor in interest to the Federation Bank & Trust Company (the Bank) for summary judgment in its favor (Fed.R.Civ.P. 56(b)). For reasons to be given, the motion must be denied.

The complaint asserts that there is diversity of citizenship. It is averred that “at all times hereinafter stated, plaintiff was a resident of the State of New Jersey and the defendant is a corporation organized and existing under and by virtue of the laws of the State of New York”. This is not a proper averment of diversity of citizenship…