Legal Opinion
Di Leo v. Shin Shu
District Court, S.D. New York
Decided December 27, 1961PublishedCited by 13 opinions
1Opinion of the Court
COOPER, District Judge.
This is a motion by defendant Shin Shu, pursuant to Rule 12(b) (5), Fed.R. Civ.P., 28 U.S.C.A., to set aside the service of process for insufficiency.
In the underlying action, plaintiff seeks to recover for personal injuries which he alleges were sustained as a result of an automobile collision in New York City on November 2, 1958. Plaintiff, in his complaint, asserts that the accident was caused by defendant’s negligence and asks for $150,000 in damages. Jurisdiction is conferred on this Court by reason of diversity of citizenship (28 U.S.C.A. § 1332).
Defendant Shin…
2Cases cited5 opinions
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Rovinski v. RoweCourt of Appeals for the Sixth Circuit · 1942
- Clover v. UrbanSupreme Court of Connecticut · 1928
- Nola Electric Co. v. ReillyDistrict Court, S.D. New York · 1949
- Berner v. FarnyDistrict Court, D. New Jersey · 1951
3Cited by13 opinions
- Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. Feiger, Precision Etchings & Findings, Inc. v. Lgp Gem, Ltd., Maurice C. FeigerCourt of Appeals for the First Circuit · 1992
- Ames Nowell v. Iris Calder NowellCourt of Appeals for the Fifth Circuit · 1967
- Grammenos v. LemosCourt of Appeals for the Second Circuit · 1972
- Grosser v. Commodity Exchange, Inc.District Court, S.D. New York · 1986
- Blackhawk Heating & Plumbing Co. v. TurnerDistrict Court, D. Arizona · 1970
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