Blair Holdings Corporation v. Rubinstein

BICKS, District Judge.

Defendant, Serge Rubinstein, heretofore moved to dismiss the action for lack of federal jurisdiction. The complaint asserts jurisdiction solely on the ground that plaintiff is a corporation organized under the laws of the State of New York and that “the defendant Serge Rubin stein * * * is not a citizen of the United States of America or of the State of New York”. The motion came on to be heard before Judge Edelstein. Being of the view that a trial of the issue of Rubinstein’s citizenship by affidavits was unsatisfactory and that the plaintiff should have an opportunity…