Moos v. Wells

OPINION

SWEET, District Judge.

Plaintiff Walter Moos (“Moos”), a citizen of Canada and putative owner of the second floor loft in the apartment building at 133-35 Greene Street in Manhattan (“Building”), commenced this diversity action to evict and collect back rent from his tenants, defendants Gary Wells (“Wells”) and Terry Tiringer (“Tiringer”), who are New York residents. Defendants have moved to dismiss Moos’ action for failure to state a claim and, alternatively, on the ground that this court should abstain from exercising jurisdiction. For the reasons stated below, the court concludes…