Legal Opinion
Serrano v. 900 5th Avenue Corp.
District Court, S.D. New York
Decided May 11, 1998No. 97 Civ. 5829(SAS)PublishedCited by 29 opinions
1Opinion of the Court
OPINION AND ORDER
SCHEINDLIN, District Judge.
Defendants Brown Harris Stevens Residential Management (“BHS”) and 900 5th Avenue Corp. (“900 5th”) move to dismiss this employment discrimination case for lack of subject matter jurisdiction. 1 BHS claims that because it is not Plaintiffs employer, it is an improper defendant and should be dismissed. Similarly, 900 5th argues that because it has less than 15 employees, Plaintiff cannot bring this action against it. 2 For the following reasons, the Complaint is dismissed as to 900 5th, but not as to BHS.
I. Standard for Evaluating Rule 12(b)(1)…
2Cases cited14 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Equal Employment Opportunity Commission v. Arabian American Oil Co.Supreme Court of the United States · 1991
- Susan Mary Kamen v. American Telephone & Telegraph Co., Patricia McDonald and Carol BuckhamCourt of Appeals for the Second Circuit · 1986
- Sibley Memorial Hospital v. Verne WilsonCourt of Appeals for the D.C. Circuit · 1973
- Atlantic Mutual Insurance Company v. Balfour Maclaine International Ltd.Court of Appeals for the First Circuit · 1992
9 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Jennifer Arculeo v. On-Site Sales & Marketing, LLC and Sanford Pankin, Also Known as Crystal Hills, Docket No. 04-3807 CvCourt of Appeals for the Second Circuit · 2005
- DeWitt v. LiebermanDistrict Court, S.D. New York · 1999
- Rene v. CITIBANK NADistrict Court, E.D. New York · 1999
- Hanig v. Yorktown Central School DistrictDistrict Court, S.D. New York · 2005
- Lima v. AddecoDistrict Court, S.D. New York · 2009
24 more not listed; retrieve them via the Exa API.